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OSTANE v. HICKEY

No. 80-191.

385 So.2d 110 (1980)

Eddy OSTANE, Petitioner, v. The Honorable Richard S. HICKEY, Judge of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 18, 1980.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for petitioner.

Janet Reno, State's Atty. and Milton Robbins, Asst. State's Atty., for respondent.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

BASKIN, Judge.

We grant defendant's petition for Writ of Prohibition1 pursuant to the authority of United States v. Jorn, 400 U.S. 470, 91 S.Ct. 547, 27 L.Ed.2d 543 (1971), and Bryant v. Stickley, 215 So.2d 786 (Fla. 2d DCA 1968). These cases require the trial court to exercise a sound discretion to assure that, taking all circumstances into account, there...

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