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STATE EX REL. CAVANAUGH v. COE

No. 83-1569.

439 So.2d 313 (1983)

STATE ex rel. Carl E. CAVANAUGH, Petitioner, v. Honorable Harry Lee COE, III, Circuit Judge for the Thirteenth Judicial Circuit, Hillsborough County, Florida, Respondent.

District Court of Appeal of Florida, Second District.

October 12, 1983.

Attorney(s) appearing for the Case

Samuel R. Mandelbaum and Anthony F. Gonzalez of Anthony F. Gonzalez, P.A., Tampa, for petitioner.

Jim Smith, Atty. Gen., Tallahassee; Diane Barrs, Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

This petition for writ of mandamus is brought by an acquitted defendant seeking to compel the circuit court judge to issue a certificate of taxable costs pursuant to section 939.06, Florida Statutes (1981), which provides as follows:

939.06 Acquitted defendant not liable for costs. — No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court or any ministerial office,...

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