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HAIR v. STATE

No. 1D09-2501.

17 So.3d 804 (2009)

Jimmy HAIR, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied September 24, 2009.

Attorney(s) appearing for the Case

Edward T. Bauer of Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., Tallahassee, for Petitioner.

Bill McCollum, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Jimmy Hair petitioned this court for a writ of prohibition, contending that he is immune from prosecution on charges of first-degree murder under section 776.032(1), Florida Statutes (2007). We previously granted the petition by unpublished order and ordered Hair's release. Our reasons for doing so are set forth herein.

FACTS

An evidentiary hearing was held on defense counsel's motion to dismiss...

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