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FRY v. MORELAND

No. 81-843.

402 So.2d 583 (1981)

David FRY, Jr., Petitioner, v. Don MORELAND, Sheriff, Marion County, Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

August 26, 1981.

Attorney(s) appearing for the Case

Robert E. Pierce, Public Defender, and Bruce L. Kotler, Asst. Public Defender, Ocala, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, Gordon G. Oldham, Jr., State Atty., Richard W. Prospect, Asst. Atty. Gen. and James T. Reich, Asst. State Atty., Ocala, for respondent.

FRANK D. UPCHURCH, Jr., Judge.

David Fry, Jr., petitions this court for a writ of habeas corpus on the ground that his competency hearing was not held within the time limitations of Florida Rule of Criminal Procedure 3.212(b)(4). Rule 3.212(b)(4) provides in part as follows:

The court shall hold a hearing within 30 days of the receipt of any such report from the administrator of the facility on the issues raised...

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