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RASZKA v. BURK

No. 83-712.

436 So.2d 255 (1983)

Michael David RASZKA, Petitioner, v. Richard B. BURK, Honorable Judge of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 30, 1983.

Attorney(s) appearing for the Case

James L. Eisenberg of Green, Eisenberg & Cohen, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for respondent.

HERSEY, Judge.

This petition for a writ of prohibition arises as a result of an impasse in a plea bargain negotiated by one of two defendants on a charge of trafficking in marijuana. On May 3, 1982, the trial of petitioner and his codefendant Burns commenced as the jury was selected and sworn and counsel made their opening statements. Before reconvening the following day, the state offered petitioner a plea bargain under the terms of which he would testify against...

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