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HERNANDEZ v. STATE

No. 2D05-3463.

915 So.2d 667 (2005)

Armengol HERNANDEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

October 12, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Francis A. Solorzano, Assistant Public Defender, Bartow, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Respondent.

PER CURIAM.

Armengol Hernandez seeks a writ of prohibition preventing the circuit court from proceeding with his criminal prosecution. In a previous order of this court, we granted the petition for writ of prohibition, and this opinion now follows. Hernandez maintains that the State failed to timely commence prosecution. See § 775.15, Fla. Stat. (Supp.1998). We agree and order the circuit court to discharge Hernandez if it has not already done so.

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