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ALVAREZ v. STATE

No. 4D01-794.

791 So.2d 574 (2001)

Felix ALVAREZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

August 8, 2001.

Attorney(s) appearing for the Case

Samuel J. Montesino of Samuel J. Montesino, P.A., West Palm Beach, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

We grant this petition for a writ of prohibition on speedy trial grounds. It was error to deny discharge on those counts in the information constituting misdemeanors.

Alvarez was arrested on April 26, 2000. The information was filed on August 7, 2000, charging him with numerous felony counts and eight counts alleging offenses that were identified as "misdemeanors."

We grant the petition because the ninety-day speedy trial period applicable...

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