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STATE v. VUKOJEVICH

No. 80-1050.

392 So.2d 297 (1980)

STATE of Florida, Appellant, v. Rudolph Stephen VUKOJEVICH, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 13, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and G.P. Waldbart, 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 from the discharge of Rudolph Stephen Vukojevich pursuant to Florida Rule of Criminal Procedure 3.191. We reverse.

The Charlotte County Sheriff's Department arrested appellee on July 19, 1979. The State filed an indictment charging first degree murder on July 30, 1979. Appellee moved for a change of venue on October 17, 1979, and the court denied the motion subject to trying to select a Charlotte County

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