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STATE v. GUNDELL

No. U-291.

298 So.2d 504 (1974)

STATE of Florida, Appellant, v. Gary Wayne GUNDELL, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 28, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellant.

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellee.

PER CURIAM.

This appeal by the State seeks reversal of the trial court's order dismissing all criminal charges against appellee because of the failure to afford him a speedy trial in accordance with Criminal Procedure Rule 3.191, 33 F.S.A.

The only relevant facts of this case are that appellee was arrested on July 13, 1973, and incarcerated in the Volusia County Jail. On July 24, 1973, appellee filed a motion for speedy trial. On August 20, 1973, 38 days after...

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