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990 So. 2d 16

Docket No. 1D07-0399.

Davis v. State

Lee Paul DAVIS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided August 4, 2008.

Rehearing Denied September 12, 2008.

District Court of Appeal of Florida · decided 2008-08-04

Relies on 427 So. 2d 161 - Sherrod v. Franza

Decided 2008-08-04

¶1Lee Paul Davis, pro se, Petitioner.

¶2Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Respondent.

¶3PER CURIAM.

¶4Lee Paul Davis appeals an order denying his motion for discharge on speedy trial grounds. We treat the appeal as a petition for writ of prohibition. See Fla. R.App. P. 9.040(c); Sherrod v. Franza, 427 So.2d 161 (Fla.1983) (prohibition is the appropriate remedy to test the denial of a motion for discharge on speedy trial grounds). The state having shown that the pending charges against Davis have now been dismissed, we conclude that the issues raised in this proceeding have been rendered moot. Accordingly, the petition for writ of prohibition is DISMISSED.

¶5WOLF, LEWIS, and ROBERTS, JJ., concur.

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