McKENZIE v. STATE

Nos. 78-1851, 78-1921.

378 So.2d 1244 (1979)

Kevin Scott McKENZIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 14, 1980.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow; and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


OTT, Judge.

Appellant appeals his conviction for burglary of a dwelling and arson, and contends that it was error for the trial court to deny his motion for discharge pursuant to Florida Rules of Criminal Procedure 3.191. We agree that appellant should have been discharged and reverse.

A private residence was burglarized and set fire to on September 24, 1977. Appellant was arrested for the burglary on February 24, and for the arson on March 9, 1978.

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