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BURNS v. STATE

No. 4-86-0571.

523 So.2d 604 (1987)

Robert H. BURNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Reconsideration Denied May 4, 1988.

Attorney(s) appearing for the Case

Robert H. Burns, pro se.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Diane Leeds, Asst. Atty. Gen., West Palm Beach, for appellee.

DOWNEY, Judge.

Appellant was arrested and taken into custody for trafficking in cocaine on March 13, 1982. An information was filed against him, he pleaded not guilty, and trial was scheduled for May 25, 1982. On the day of trial, the state announced that it had nolle prossed the original information and refiled a new one on the day before, which included the allegation that appellant "knowingly" trafficked in cocaine. A second capias was issued, appellant was handcuffed...

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