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STATE v. KEITH

No. 98-2855.

732 So.2d 9 (1999)

The STATE of Florida, Petitioner, v. Hugh KEITH, Respondent.

District Court of Appeal of Florida, Third District.

April 21, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Wendy Benner-Leon and Paulette R. Taylor, Assistant Attorneys General, for petitioner.

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for respondent.

Before NESBITT, FLETCHER, and SHEVIN, JJ.

PER CURIAM.

We grant the State's petition for writ of certiorari and quash the pretrial order of the trial court which requires the prosecution to elect only one of the two charges against the defendant on which to proceed to trial and to dismiss the remaining charge. The order on review departs from the essential requirements of law by unnecessarily and prematurely1 interfering with prosecutorial discretion in the charging area, see...

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