
    Ronald Wayne SMITH, Petitioner, v. The Honorable Leroy H. MOE, as Judge of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Respondent.
    No. 80-1910.
    District Court of Appeal of Florida, Fourth District.
    Jan. 8, 1981.
    
      Alan H. Schreiber, Public Defender, and Gary Kollin, Asst. Public Defender, Fort Lauderdale, for petitioner.
    Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for respondent.
   PER CURIAM.

The petition for writ of certiorari is granted and the trial court's order of October 6, 1980, is hereby quashed.

ANSTEAD and HURLEY, JJ., concur.

BERANEK, J., dissents, with opinion.

BERANEK, Judge,

dissenting.

I respectfully dissent. In my view the defendant has failed to demonstrate prejudice and I would deny certiorari.  