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447 So. 2d 383

Clark v. Moore

District Court of Appeal of Florida · decided 1984-03-13

Relies on 389 So. 2d 278 - Healey v. State

Decided 1984-03-13

PER CURIAM.

¶1Based on the controlling authority of Healey v. State, 389 So.2d 278 (Fla. 3d DCA 1980), we grant the petition for a writ of prohibition herein and direct that the respondent trial judge grant the petitioner’s motion for discharge filed below. As the respondent, through counsel, concedes, Healeyis factually indistinguishable from the instant case and compels the result we reach today. We will withhold issuance of a formal writ of prohibition as we are confident that the respondent will discharge the petitioner upon receipt of this opinion.

¶2Prohibition granted.

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