STATE v. KERPER

No. 80-483.

393 So.2d 77 (1981)

STATE of Florida, Appellant, v. Thomas W. KERPER, Appellee.

District Court of Appeal of Florida, Fifth District.

February 4, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellant.

Richard S. Rhodes, Orlando, for appellee.


COWART, Judge.

After the defendant-appellee had been properly granted a continuance the State nolle prossed the criminal charges because of the unavailability of a State's witness at trial and thereafter filed a new information charging appellee with the same crime based on the same facts. More than 180 days after the date appellee had been taken into custody under the original information appellee moved for discharge under the speedy trial rule, Florida Rule of Criminal...

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