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STATE v. VILLAVICENCIO

Nos. 78-1954, 78-2768.

381 So.2d 256 (1980)

STATE of Florida, Appellant, v. Eligio E. VILLAVICENCIO, Jose Hernandez Herrera and Juan Manuel Paz, Appellees.

District Court of Appeal of Florida, Fourth District.

January 4, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Oscar S. Rodriguez, Coral Gables, and Russell J. Ferraro, Jr., of McManus, Stewart & Ferraro, P.A., Stuart, for appellees.

ANSTEAD, Judge.

This is an appeal by the state from an order of the trial court discharging the appellees under the provisions of the speedy trial rule. At issue is whether the state was obligated to secure an order staying proceedings in the trial court during the pendency of the state's appeal of an order granting a motion to suppress. We hold that the state was obligated to secure such an order under the express provisions of Rule 9.140(c)(2), Florida Rules of...

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