STATE v. TRIMEL

No. 80-410.

387 So.2d 528 (1980)

STATE of Florida, Appellant, v. John TRIMEL, Appellee.

District Court of Appeal of Florida, Fourth District.

September 3, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellant.

James R. Holmes, Jr., Oakland Park, for appellee.


HURLEY, Judge.

The state appeals from an order granting defendant's motion for discharge on speedy trial grounds. The trial court's order was based on the mistaken impression that a defendant must be brought to trial within 90 days of the refiling of an information following a nolle prosequi. Defendant, however, waived his speedy trial rights in the initial prosecution and, as this court has previously held, a defendant's waiver of speedy trial rights under a nolle...

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