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FOSTER v. STATE

Nos. DD-403 and DD-474.

348 So.2d 410 (1977)

Sherman Henry FOSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 27, 1977.

Attorney(s) appearing for the Case

Richard W. Erwin, III, Public Defender, Michael M. Corin and Theodore E. Mack, Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.

PER CURIAM.

AFFIRMED.

McCORD, C.J. and RAWLS, J., concur.

SMITH, J., specially concurs.

SMITH, Judge, concurring:

Foster asserts that his speedy trial rights under Fla.R.Crim.P. 3.191 were violated by the State's failure to retry him within 90 days after entry of a United States district court judgment granting his petition for habeas corpus and remanding him to state authorities. Subsection (g) of the rule provides in part:

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