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BATES v. KEATING

No. 81-60.

396 So.2d 1172 (1981)

Harold Toney BATES, Petitioner, v. The Honorable Richard B. KEATING, As Circuit Judge, in and for the Ninth Judicial Circuit of the State of Florida, Orange County, Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

April 15, 1981.

Attorney(s) appearing for the Case

Harry W. Carls, III, Public Defender, and Glenn Klausman, Asst. Public Defender, Orlando, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for respondent.

COBB, Judge.

Petitioner seeks a writ of prohibition based on the expiration of his speedy trial time.

Petitioner was arrested for drug trafficking and moved for a continuance to prepare a challenge to the drug trafficking statute. The motion was granted and the speedy trial time was "waived for the period of this continuance." On October 17, 1979, petitioner filed a motion attacking the drug trafficking statute as unconstitutional.

The following day...

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