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STATE v. ANDERS

No. 80-401.

388 So.2d 308 (1980)

The STATE of Florida, Appellant, v. Johnny ANDERS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 14, 1980.

Attorney(s) appearing for the Case

Janet Reno, State's Atty. and Ira N. Loewy, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender and Peter Raben, Asst. Public Defender, for appellee.

Before BARKDULL, HENDRY and SCHWARTZ, JJ.

SCHWARTZ, Judge.

After the state had been granted a continuance, Anders' burglary case was called for trial again. On that occasion the prosecution stated that it was neither ready nor anticipated being so within the near future. By failing to take a nolle prosse, and explicitly declining to move for another continuance-either of which would have maintained some life in the case-the state clearly invited the court to administer the coup de grace. The...

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