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CHURCH v. KIRKWOOD

No. 83-1027.

443 So.2d 146 (1983)

James E. CHURCH, Petitioner, v. Lawrence R. KIRKWOOD, Circuit Judge, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 9, 1984.

Attorney(s) appearing for the Case

Charles R. Trulock, Jr., Orlando, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for respondent.

PER CURIAM.

This matter is before us on a petition for writ of prohibition after the trial court denied a motion to discharge. Because the speedy trial period had expired and no delay attributable to the accused was substantially shown, we grant the writ and remand this matter to the trial court for an order discharging petitioner.

Writ granted.

DAUKSCH, SHARP and COWART...

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