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STATE v. GAITOR

No. 79-921.

379 So.2d 708 (1980)

The STATE of Florida, Appellant, v. Inzel GAITOR, Appellee.

District Court of Appeal of Florida, Third District.

February 12, 1980.

Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Theda R. James, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender, and Rory S. Stein, Asst. Public Defender, for appellee.

Before HENDRY, BARKDULL and SCHWARTZ, JJ.

PER CURIAM.

The State appeals the trial court's dismissal of the case against Gaitor.

The defendant was arrested on June 14, 1978; the speedy trial time was due to expire on Monday, December 11, 1978. On Friday, December 8, the prosecutor informed the judge that time was about to run out. The judge suspended the trial which was in progress, and began jury selection for the Gaitor trial. After a while, it became apparent that there were only five persons remaining...

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