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GALLEGO v. PURDY

No. 82-748.

415 So.2d 166 (1982)

Mario GALLEGO, Petitioner, v. The Honorable H. Mark PURDY 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.

June 23, 1982.

Attorney(s) appearing for the Case

Stephen J. Golembe of Law Offices of Mishkin & Golembe, Miami, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for respondent.

HERSEY, Judge.

Mario Gallego was arrested on February 26, 1981, and on April 22, 1981, was charged by Information with trafficking in cocaine in an amount of 28 grams or more, but less than 200 grams. Subsequently, on one or more occasions, defense continuances were granted. On February 23, 1982, a motion by the state to amend the Information to charge trafficking in cocaine in an amount in excess of 400 grams was granted. It is undisputed that there were two separate...

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