Meeks v. State

McCAIN, Justice.

By petition for writ of certiorari, we have for review an order of the District Court of Appeal, Fourth District, rendered on March 3, 1971, and reported at 244 So. 2d 766, denying petitioner’s request for writ of mandamus and discharging the alternative writ. Conflict is asserted with our decision in State ex rel. Leon v. Baker, 238 So.2d 281 (Fla.1970).

Initially, it is appropriate to make some general observations concerning stay of lower court proceedings during pen-dency proceedings at the appellate level. Rule 4.5c(6), F.A.R., 32 F.S.A., provides that a petition for writ…