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MORELAND v. SNYDER

No. 84-2096.

459 So.2d 1167 (1984)

Nathaniel MORELAND, Petitioner, v. The Honorable Arthur I. SNYDER, As Judge of the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, Respondent.

District Court of Appeal of Florida, Third District.

December 4, 1984.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for petitioner.

Jim Smith, Atty. Gen., and Henry R. Barksdale, Asst. Public Defender, for respondent.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

Upon the conclusion that there was plainly no "manifest necessity" to justify the trial court's sua sponte declaration of a mistrial after the jury had been sworn below, see Corneiro v. Solomon, 450 So.2d 599 (Fla. 3d DCA 1984); State v. McNeil, 362 So.2d 93 (Fla. 1st DCA 1978),1 we grant the defendant's petition for prohibition to...

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