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CHEEKS v. SWANSON

No. 89-00388.

541 So.2d 1346 (1989)

Phillip CHEEKS, Petitioner, v. The Honorable Maynard F. SWANSON, Circuit Judge, Sixth Judicial Circuit, Pasco County Florida, Respondent.

District Court of Appeal of Florida, Second District.

April 21, 1989.

Attorney(s) appearing for the Case

William G. Sestak of McClain, Dwyer & Sestak, P.A., Zephyrhills, for petitioner.

Robert Butterworth, Atty. Gen., and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

This is a petition for writ of prohibition in which this court is asked to review the denial of Cheeks' motion for discharge filed pursuant to Florida Rule of Criminal Procedure 3.191. We have jurisdiction. See Sherrod v. Franza, 427 So.2d 161 (Fla. 1983). For the reasons stated below, we grant the petition, quash the trial court's order and remand for further proceedings.

On January 7, 1988, while Cheeks...

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