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STATE v. BREEDLOVE

No. 80-455.

400 So.2d 468 (1981)

STATE of Florida, Appellant, v. McArthur BREEDLOVE, Appellee.

District Court of Appeal of Florida, Fourth District.

March 25, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellant.

Alan H. Schreiber, Public Defender, and Peter F. LaPorte, Asst. Public Defender, Fort Lauderdale, for appellee.

DOWNEY, Judge.

The State seeks review of an order discharging appellee, McArthur Breedlove, for failure to bring him to trial within the time provided by Florida Rule of Criminal Procedure 3.191. Our study of the briefs and applicable authorities convinces us that appellant's discharge was erroneous and we thus reverse the order appealed from.

The undisputed facts are that Elsie Rough was murdered in Hallandale, Florida, on February 19, 1974. That crime remained...

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