HALL v. STATE

No. 74-271.

309 So.2d 248 (1975)

James M. HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 7, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Bruce J. Daniels, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Thomas M. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant's sole point on appeal is that the court erred in denying his motion for discharge under Rule 3.191(a)(1), R Cr P.

The motion for discharge, filed February 27, 1974, alleges that appellant was taken into custody on August 7, 1973, on the felony charge for which he stands convicted. These facts, if true, would make a prima facie case for discharge.

However, we must presume that in denying the motion the trial court necessarily...

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