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STATE v. JONES

No. 80-756.

404 So.2d 395 (1981)

STATE of Florida, Appellant, v. Eugene JONES, Appellee.

District Court of Appeal of Florida, Fifth District.

October 7, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

The state appeals an order granting appellee's motion for discharge under the speedy trial rule, Florida Rule of Criminal Procedure 3.191.

An information was filed on November 1, 1979, charging appellee with burglary of apartment 12 at an Orlando apartment complex. Appellee requested a continuance and thus took the matter out of the operation of the speedy trial rule. Butterworth v. Fluellen, 389 So.2d...

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