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DOUGLAS v. STATE

No. 3D09-2361.

28 So.3d 931 (2010)

Adacia H. DOUGLAS, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

February 10, 2010.

Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Maria Lauredo, Assistant Public Defender, for petitioner.

Bill McCollum, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for respondent.

Before SUAREZ and SALTER, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Defendant Adacia H. Douglas petitions for a writ of prohibition to avoid being retried following the circuit court's declaration of a mistrial in his first trial. We grant prohibition.

The defendant's trial began on Wednesday, July 29, 2009, when the jury was sworn. On Thursday, the Department of Corrections ("DOC") did not produce the defendant because his section of the jail was on quarantine due to a suspected H1N1 flu case. The Department of...

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