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FONTE v. STATE

No. 87-272.

515 So.2d 1036 (1987)

Luis Alberto FONTE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 9, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

JORGENSON, Judge.

We affirm the order of the circuit court denying Fonte's petition for writ of prohibition. Fonte had been arrested and arraigned on two occasions on two separate charges of driving under the influence. At the first arraignment, the trial court made no inquiry as to Fonte's indigency or ability to retain counsel. At the second arraignment, the trial court stated, "If you want to hire a lawyer, do so, it's up to you."

Fonte's trial on both...

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