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STATE v. NEMETH

No. 90-02852.

581 So.2d 627 (1991)

STATE of Florida, Petitioner, v. David NEMETH, Respondent.

District Court of Appeal of Florida, Second District.

June 7, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender, Bartow and Brad Permar, Asst. Public Defender, Clearwater, for respondent.

PER CURIAM.

The state seeks certiorari review of a circuit court order entered in the ongoing criminal prosecution of respondent David Nemeth. We find that the order constitutes a departure from the essential requirements of law which materially affects the state's ability to go forward with the prosecution. See State v. Pettis, 520 So.2d 250 (Fla. 1988). Accordingly, we grant the petition.

Nemeth is charged with...

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