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MORRIS v. STATE

No. 3D03-2318.

869 So.2d 1264 (2004)

Robert MORRIS, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

April 14, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for petitioner.

Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for respondent.

Before COPE, GREEN and FLETCHER, JJ.

COPE, J.

Robert Morris petitions for a writ of prohibition by which he seeks to bar his trial on the charge of possession of a firearm by a convicted felon. The petition is well taken and we grant it.

I.

The defendant was charged with armed robbery, grand theft, attempted armed robbery, and possession of a firearm by a convicted felon. Count four, the firearm possession count, was severed prior to trial.

The case proceeded to trial on the...

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