HERSEY, Judge.
The state appeals from an order discharging appellee under the "speedy trial" rule. We conclude that the time within which appellee could have been brought to trial had not expired at the time appellee filed his motion for discharge and we therefore reverse.
Rule 3.191(a)(1), Florida Rules of Criminal Procedure, provides that a person charged with a felony must be brought to trial within 180 days after the person "is taken into custody as a...
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