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STATE EX REL. PASTORIUS v. HINCKLEY

No. 81-1448.

405 So.2d 793 (1981)

STATE of Florida ex rel. Debra Morris PASTORIUS, Petitioner, v. Harry G. HINCKLEY, Jr., As Circuit Judge of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

November 12, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for petitioner State of Florida.

Michael Brodsky, Miami, for Debra Morris Pastorius.

No appearance for respondent.

PER CURIAM.

By petition for writ of certiorari the state seeks to set aside the trial court's judgment of acquittal entered immediately upon the entry of a plea of nolo contendere by the defendant, Debra Morris Pastorius, to charges of delivery of marijuana. The state contends that the trial court lacked authority to acquit the defendant under these circumstances. Vinson v. State, 345 So.2d 711 (Fla. 1977). We agree...

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