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ARIZA v. CYCMANICK

No. 89-1178.

548 So.2d 304 (1989)

Kevin ARIZA, Petitioner, v. Hon. Michael F. CYCMANICK, Circuit Judge, Respondent.

District Court of Appeal of Florida, Fifth District.

September 7, 1989.

Attorney(s) appearing for the Case

Ed Leinster, Orlando, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for respondent.

COBB, Judge.

We treat Ariza's petition for writ of mandamus as a petition for writ of prohibition. See Fla.R.App.P. 9.040(c). Ariza seeks a discharge from prosecution pursuant to the Speedy Trial Rule. See Fla.R. Crim.P. 3.191. The record shows that Ariza filed a motion for discharge following the expiration of the applicable 175-day speedy trial period. See Fla.R.Crim.P. 3.191(a)(1). He was not brought to a hearing within five days nor tried...

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