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STATE v. CROFT

No. 86-1113.

499 So.2d 849 (1986)

STATE of Florida, Petitioner, v. Royce Phillip CROFT, Honorable John T. Thurman, Circuit Judge, Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 18, 1987.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, S. Ray Gill, State's Atty., and Bradley E. King, Asst. State's Atty., Ocala, for petitioner.

Howard H. Babb, Public Defender, and Michael A. Graves, Asst. Public Defender, Tavares, for respondents.

ON PETITION FOR WRIT OF CERTIORARI

DAUKSCH, Judge.

The state seeks our review, by certiorari, of an order in a first degree murder case. The order disqualifies the entire fifth circuit state attorney's office from prosecuting respondent Croft because one of its assistant state attorneys had at one time assisted in the defense of Croft, before the assistant state attorney took office as such.

While this court is of the opinion that State v. Fitzpatrick...

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