ALBERT LEE HOLT, JR., PETITIONER,
v.
WILLIAM D. HOPKINS, STATE ATTORNEY FOR THE SECOND JUDICIAL CIRCUIT OF FLORIDA, RESPONDENT

Fla. | 1969-02-19
No. 37745
ERVIN, C. J., and THORNAL, CARLTON, ADKINS and BOYD,' JJ., concur.
219 So. 2d 36 Florida Supreme Court (1969)

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Synopsis

The Florida Supreme Court discharged an alternative writ of mandamus and dismissed a petition for an early trial for a federal prisoner. The state attorney filed a "No Information," effectively canceling the detainer warrant against the petitioner.


Holding

The court held that the filing of a "No Information" by the state attorney effectively cancels the detainer warrant, rendering the petition moot. Therefore, the alternative writ of mandamus is discharged and the petition is dismissed.


Key Quotes

“On the authority of Dickey v. Circuit Court, 200 So. 2d 521 (Fla.1967), we issued an alternative writ of mandamus to compel an early state court trial of petitioner who is a federal prisoner incarcerated in Atlanta, Georgia.”

Establishes the procedural posture and basis for the court's initial action.

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Facts & Procedural History

Petitioner Albert Lee Holt, Jr., a federal prisoner, sought an early state court trial in Florida. He was incarcerated in Atlanta, Georgia, and a deta…

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Opinion of the Court
PER CURIAM.

*37PER CURIAM.

On the authority of Dickey v. Circuit Court, 200 So.2d 521 (Fla.1967), we issued an alternative writ of mandamus to compel an early state court trial of petitioner who is a federal prisoner incarcerated in Atlanta, Georgia. See also, Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607 opinion filed January 20, 1969.

By his return the respondent advises that he has filed a “No Information” with the Clerk of the Circuit Court of Leon County, Florida. As a result of this he announces that this proceeding is now moot.

We construe the action of the respondent to have the effect of cancelling the de-tainer warrant heretofore filed against the petitioner with the warden of the United States Penitentiary, Atlanta, Georgia.

The alternative writ is discharged and the petition is dismissed.

It is so ordered.

ERVIN, C. J., and THORNAL, CARLTON, ADKINS and BOYD,' JJ., concur.


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