STUDNICKA v. CARLISLE

No. 89-0786.

553 So.2d 392 (1989)

George STUDNICKA, Petitioner, v. Honorable James T. CARLISLE, Circuit Court Judge, Respondent.

District Court of Appeal of Florida, Fourth District.

December 13, 1989.


Attorney(s) appearing for the Case

Michael D. Lebedeker, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for respondent.


GUNTHER, Judge.

The petitioner, defendant below, seeks a writ of prohibition as a result of the trial court's denial of his motion to dismiss Counts II and III of a four-count indictment. We grant the petition.

We agree with the petitioner's assertion that the trial court erred in denying his motion to dismiss. Below, the state failed to meet its burden of showing that the statutory periods for prosecuting Counts...

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