SHERROD v. FRANZA

No. 80-2003.

396 So.2d 1136 (1981)

Tommy Lee SHERROD, Petitioner, v. The Honorable Arthur J. FRANZA, As Judge of the Circuit Court of the 17TH Judicial Circuit, in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 6, 1981.


Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, Daniel L. Tedesco, Asst. Public Defender, and Peter Mineo, Jr., Certified Legal Intern, Fort Lauderdale, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for respondent.


HERSEY, Judge.

For two reasons we deny the petition for writ of prohibition. The first goes to the merits of petitioner's argument for issuance of the writ. The second is based upon policy considerations.

After two mistrials the trial court entered an order dismissing the charges against petitioner, Sherrod, with prejudice, cancelling his appearance bond. The state appealed and this Court reversed. State v. Sherrod, 383 So.2d 752

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