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RESTREPO v. HENDERSON

No. 81-2335.

408 So.2d 826 (1982)

Edgar RESTREPO, Petitioner, v. The Honorable James HENDERSON, Judge of the Circuit Court of the Eleventh Judicial Circuit of Florida, Respondent.

District Court of Appeal of Florida, Third District.

January 19, 1982.

Attorney(s) appearing for the Case

Weiner, Robbins, Tunkey & Ross and Geoffrey C. Fleck, Miami, for petitioner.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for respondent.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

BASKIN, Judge.

Because the state failed to request a continuance alleging exceptional circumstances within the speedy trial period of Florida Rule of Criminal Procedure 3.191(d)(2), it was incumbent upon the trial court to grant defendant's motion for discharge. State ex rel. Wilhoit v. Wells, 356 So.2d 817 (Fla. 1st DCA), cert. denied, 359 So.2d 1222 (Fla. 1978); State ex rel. Smith v. Rudd,

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