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RICCI v. PARKER

No. 87-1954.

518 So.2d 284 (1987)

Salvatore J. RICCI, Petitioner, v. The Honorable James S. PARKER, Circuit Court Judge of the Twelfth Judicial Circuit in and for Sarasota County, Florida, Respondent.

District Court of Appeal of Florida, Second District.

September 4, 1987.

Attorney(s) appearing for the Case

Dana J. Watts, Special Appointed Public Defender, Sarasota, for petitioner.

Frank Schaub, State Atty., and Charles E. Roberts, Asst. State Atty., Sarasota, Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

Salvatore J. Ricci petitions this court for a writ of prohibition barring the circuit court from proceeding with trial in violation of Florida Rule of Criminal Procedure 3.191. We deny the petition.

Ricci's motion for discharge was filed Wednesday, June 24, 1987. According to rule 3.191(i)(4), the court was required to hear that motion no later than five days from the date of filing. However, in the present case, the hearing was not scheduled until...

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