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STATE v. OPPERT

No. 79-744.

380 So.2d 1301 (1980)

STATE of Florida, Appellant, v. Kayne OPPERT, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 9, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Glenn H. Mitchell, Asst. Atty. Gen., West Palm Beach, for appellant.

Marsha G. Madorsky of Sandstrom & Haddad, Fort Lauderdale, for appellee.

LETTS, Judge.

The State appeals an order of discharge entered because of the passage of 90 days after a defense granted continuance with no specific waiver of speedy trial. We reverse.

The waters in this area are muddy indeed and we have already partially certified the question now before us to the Supreme Court. See Fluellen v. Butterworth, 372 So.2d 943 (Fla. 4th DCA 1979).

With the utmost of respect we...

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