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STATE v. FORSTEN

No. 80-2281.

401 So.2d 1160 (1981)

The STATE of Florida, Appellant, v. Russell FORSTEN a/K/a Russell Foster, Appellee.

District Court of Appeal of Florida, Third District.

August 4, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for appellee.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

SCHWARTZ, Judge.

The trial court discharged the appellee on the ground, among others, that the state's 120 day delay in bringing him to trial subsequent to the expiration of an agreed continuance violated his constitutional right to a speedy trial.1 This issue "must be determined in the light of the circumstances of the particular case as a matter of judicial discretion." State ex rel. Butler v. Cullen, 253 So.2d...

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