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STEWART v. STATE

No. 67315.

491 So.2d 271 (1986)

Raymond STEWART, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 17, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Larry G. Bryant, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Jim Smith, Atty. Gen., Wallace Allbritton, Asst. Atty. Gen., Tallahassee, William N. Meggs, State Atty., Elaine K. Ashley, Asst. State Atty., Second Judicial Circuit, Tallahassee, for respondent.

McDONALD, Chief Justice.

The First District Court of Appeal has certified the following question as being one of great public importance:

IF THE STATE FILES A FELONY CHARGE AGAINST THE DEFENDANT AND THE DEFENDANT MOVES FOR A CONTINUANCE MORE THAN 90 DAYS BUT LESS THAN 180 DAYS AFTER HIS ARREST, AND THE STATE THEN NOL PROSSES THE FELONY CHARGE AND REFILES THE INFORMATION CHARGING A MISDEMEANOR, IS THE DEFENDANT ENTITLED TO AN IMMEDIATE DISCHARGE UNDER THE...

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