KOHUT v. EVANS

No. 93-2483.

623 So.2d 569 (1993)

Mark KOHUT, Petitioner, v. The Honorable Donald C. EVANS, as Circuit Judge of the 13th Judicial Circuit and Charles Rourk, the State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

August 20, 1993.


Attorney(s) appearing for the Case

Julianne M. Holt, Public Defender, and Mark G. Rodriguez, Asst. Public Defender, Tampa, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for respondents.


WARNER, Judge.

In a case of first impression we are asked to determine whether a circuit court judge acts in excess of his jurisdiction in selecting a jury from one circuit and moving the jury to another circuit for the completion of the trial. We hold that this procedure violates Article V, Section 7 of the Florida Constitution. We therefore grant the petition for writ of prohibition and quash the trial court's order establishing this procedure.

The petitioner...

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