STATE v. WRIGHT

No. 79-120.

375 So.2d 299 (1979)

STATE of Florida, Appellant, v. Cleveland Jimmy WRIGHT, Appellee.

District Court of Appeal of Florida, Second District.

June 6, 1979.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.


RYDER, Judge.

The State appeals the trial court's order discharging appellee Wright for failure to comply with the applicable speedy trial rule, which the trial court held was Rule 3.191(a)(1), Florida Rules of Criminal Procedure. We hold that Rule 3.191(b)(1) was the applicable rule; and we therefore reverse.

An information charging appellee with escape was filed on December 28, 1977. He was arrested pursuant to a capias on January 12, 1978...

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