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NELSON v. STATE

No. 80-772.

399 So.2d 79 (1981)

James NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 24, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Tatjana Ostapoff and Donnie Murrell, Asst. Public Defenders, and Douglas N. Duncan, Legal Intern, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

BERANEK, Judge.

Defendant/appellant seeks reversal of the trial court's order denying his motion for discharge which was based on speedy trial grounds. In 1977, defendant was charged and found guilty of second degree murder. On appeal, this court reversed and remanded for a new trial because the trial court had failed to give an appropriate jury instruction. Nelson v. State, 371 So.2d 706

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