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STATE v. PATERNO

No. 85-2305.

478 So.2d 420 (1985)

The STATE of Florida, Petitioner, v. Joseph D. PATERNO, Respondent.

District Court of Appeal of Florida, Third District.

November 5, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calianne Lantz, Asst. Atty. Gen., and Janet Reno, State Atty., and Richard Shiffrin and Lawrence D. LaVecchio, Asst. State Attys., for petitioner.

Edward O'Donnell, Bruce Rogow, Fort Lauderdale, for respondent.

Before HENDRY, NESBITT and FERGUSON, JJ.

PER CURIAM.

We treat the state's petition as a petition for a writ of prohibition. The state seeks a writ from this court prohibiting the enforcement of an order which would permit the defendant to be released from custody pending trial upon compliance with certain conditions set forth in the order setting bail. We grant the petition finding that the order is a nullity since the judge rendering the order exceeded his authority, and enforcement of the order by the...

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