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STATE v. SUTTON

No. 72-439.

269 So.2d 712 (1972)

STATE of Florida, Appellant, v. Wayne Royce SUTTON, Appellee.

District Court of Appeal of Florida, Second District.

November 15, 1972.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellant.

Walter R. Talley, Public Defender, and Edwin T. Mulock, Asst. Public Defender, Bradenton, for appellee.

MANN, Judge.

A warrant was issued in Hendry County on October 19, 1971. Sutton was taken into custody on that date in Polk County, on an independent charge. Hendry County's officers knew where Sutton was and lodged a detainer. Upon failure of the State to bring Sutton to trial within 180 days he moved for discharge under the speedy trial rule, CrPR 3.191, 33 F.S.A. The trial judge properly granted discharge. The State's argument that the time began to run from the...

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