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STATE v. DIAMOND

Nos. 87-1992, 87-1993.

553 So.2d 1185 (1988)

STATE of Florida, Petitioner, v. Richard DIAMOND, Respondent.

District Court of Appeal of Florida, First District.

On Rehearing December 28, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for petitioner.

William B. Richbourg, Pensacola, for respondent.

On Rehearing En Banc December 28, 1989.

ZEHMER, Judge.

The state petitions for a writ of certiorari to review a pretrial order entered by the circuit court of Santa Rosa County in the criminal prosecution of respondent Richard Diamond on two charges of sexual battery upon persons under the age of 12 years. The order, entitled "Judgment," provides that "the State be, and is, estopped and enjoined from the prosecution of the Defendant upon each of these causes...

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