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CRUZ v. STATE

No. 5D12-1946.

97 So.3d 976 (2012)

Fernando CRUZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

September 21, 2012.

Attorney(s) appearing for the Case

Robert Wesley , Public Defender, and Daniel S. Spencer , Assistant Public Defender, Orlando, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

The Petition for Writ of Certiorari is denied without prejudice to the Petitioner's right to refile a motion to dismiss. See Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (rejecting as premature a claim that charges should be dismissed "because five years have not elapsed since Petitioner was found incompetent").

PETITION DENIED.

PALMER, LAWSON...

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