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MERCER v. MUSLEH

No. 95-2905.

682 So.2d 570 (1996)

William C. MERCER, Petitioner, v. Hon. Victor MUSLEH, Circuit Court Judge, etc., Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 8, 1996.

Attorney(s) appearing for the Case

Robert Augustus Harper and Steven Brian Whittington of Robert Augustus Harper Law Firm, P.A., Tallahassee, and James T. Reich, Ocala, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Assistant Attorney General, Daytona Beach, for Respondent.

HARRIS, Judge.

Because this is a pure Agee issue, we grant the petition for writ of prohibition. William C. Mercer was arrested on these charges on March 1, 1993 and the information was filed on March 22, 1993. After Mr. Mercer was convicted for a similar offense and sentenced to life in prison, the State elected to file a nolle prosequi in the pending action. These charges were thus dismissed on January 27, 1994.

On June 9, 1995, because of...

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