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VIAL v. STATE

No. 82-175.

416 So.2d 467 (1982)

Lazaro VIAL, Petitioner, v. STATE of Florida and the Honorable Thomas S. Reese, Circuit Judge, Respondent.

District Court of Appeal of Florida, Second District.

March 24, 1982.

Attorney(s) appearing for the Case

Douglas M. Midgley, Public Defender, and Robert Jacobs, Asst. Public Defender, Fort Myers, and W.C. McLain, Asst. Public Defender, Bartow, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Frank Lester Adams, III, Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

Petitioner contends that he is entitled to an adversary preliminary hearing. The response filed by respondent agrees with petitioner's contention. We grant the petition for writ of certiorari and remand for an adversary hearing on or before April 5, 1982.

SCHEB, C.J., and OTT and DANAHY...

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