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FITZPATRICK v. SMITH

No. 82-1724.

432 So.2d 89 (1983)

Larry E. FITZPATRICK, Petitioner, v. Honorable C. McFerrin SMITH, Etc., Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 25, 1983.

Attorney(s) appearing for the Case

Philip J. Chanfrau, Jr., of Chanfrau & Chanfrau, Daytona Beach, for petitioner.

Lewis R. Stark, Asst. State Atty., State Atty's Office, Seventh Judicial Circuit, Daytona Beach, for respondent.

FRANK D. UPCHURCH, Jr., Judge.

Petitioner seeks a writ of prohibition to disqualify the office of the State Attorney of the Seventh Judicial Circuit from handling the prosecution of the charges pending against him.1 We shall treat the petition for writ of prohibition as a petition for writ of certiorari. See English v. McCrary, 348 So.2d 293 (Fla. 1977); Pantori v. Stephenson,

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