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STATE EX REL. OLDHAM v. AULLS

No. 81-1061.

408 So.2d 587 (1981)

STATE ex rel. Gordon G. OLDHAM, Jr., State Attorney for the Fifth Judicial Circuit, Petitioner, v. The Honorable Ernest C. AULLS, Jr., Circuit Judge, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 12, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for petitioner.

William H. Stone, Clermont, and Robert Q. Williams, Tavares, for respondent.

SHARP, Judge.

The state attorney for the Fifth Judicial Circuit petitions for a writ of certiorari to review an order of the circuit court for Lake County disqualifying his office from prosecuting a criminal defendant. For the reasons discussed below certiorari is granted; the order is quashed; and the cause remanded for further proceedings consistent with this opinion.

In a prior proceeding, Preston Crum and Marvin Crum were jointly tried for murder. The...

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