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STATE v. McCOY

No. 78-1503.

369 So.2d 1027 (1979)

The STATE of Florida, Appellant, v. James McCOY, Appellee.

District Court of Appeal of Florida, Third District.

April 24, 1979.

Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Arthur Joel Berger, Asst. State Atty., for appellant.

Alfonso C. Sepe and Alan R. Soven, Miami, for appellee.

Before HENDRY and KEHOE, JJ., and SCHULZ, GEORGE E. (Ret.), Associate Judge.

SCHULZ, GEORGE E. (Ret.), Associate Judge.

The State of Florida brings this appeal, seeking review of an order of the trial court dismissing the cause and discharging the defendant for failure of the State to comply with the speedy trial rule. Florida Rules of Criminal Procedure 3.191.

The pivotal question determinative of this appeal is whether or not, under the facts of this case, the defendant was continuously available for trial within the meaning of Florida...

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