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STATE v. McQUAY

No. 82-735.

423 So.2d 1001 (1982)

The STATE of Florida, Appellant, v. James McQUAY, Alfred Cunningham, Michael Shipman, Antonio Allen a/K/a Torrence Allen and Richard Allen Bowe, Appellees.

District Court of Appeal of Florida, Third District.

December 28, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Diane Leeds, Asst. Atty. Gen., for appellant.

Eugene F. Zenobi, Miami, for appellees.

Before BARKDULL, HENDRY and NESBITT, JJ.

PER CURIAM.

In 1980 a trial judge granted an extension to the State, permitting prosecution within 60 days of the receipt of any mandate issued in connection with an interlocutory appeal pursuant to then Fla.R.Crim.P. 3.191, 1980. The Rules of Criminal Procedure changed on January 1, 1981 and accorded the State 90 days, see Rule 3.191(g) 1981. After January 1, 1981, the mandate was returned and without 60 days, but within 90 days, the state attempted to continue the...

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