EMBRY v. STATE

No. 73-1259.

300 So.2d 24 (1974)

John Joseph EMBRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 4, 1974.


Attorney(s) appearing for the Case

Donald J. Beuttenmuller, Jr., of Anderson, Letts & Beuttenmuller, Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

This is an appeal from a conviction for possession of over five grams of marijuana. We reverse and direct the discharge of appellant.

The dispositive point concerns the trial court action in striking the defendant's demand for a speedy trial sua sponte without hearing.

Narrowly portraying the facts from a review of the record, we find the defendant filed a proper demand for speedy trial on August 3, 1973, under Rule 3.191(a) (2), F.R...

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