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STATE v. VARGA

No. 81-1740.

416 So.2d 1172 (1982)

STATE of Florida, Appellant, v. Janet Ann VARGA, Bett Ann Noss a/k/a Beth Ann Nuss, Thomas Robert Burns, David Grayson Bartlett, Frederick Garcia, Timothy John Machamer, Joseph Torregrosa, Carl Marty Gilliespie, James Eugene Hanley, Carl Eugene Warner, and Phillip Lynn Antill, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied August 11, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellant.

Douglas N. Duncan of Foley & Colton, P.A., West Palm Beach, for appellee, Thomas Robert Burns.

Mark C. Perry, Fort Lauderdale, for appellees, Carl Eugene Warner and Phillip Lynn Antill.

Richard L. Jorandby, Public Defender, and Charles Peters, Asst. Public Defender, West Palm Beach, for appellee, David Grayson Bartlett.

Arthur E. Huttoe and John Lipinski, Miami, for appellees, Janet Varga, Beth Nuss, Frederick Garcia, Timothy Machamer, Joseph Torregrosa, and James Eugene Hanley.

Richard G. Ozelie of Law Offices of Richard G. Ozelie, Fort Lauderdale, for appellee, Carl M. Gilliespie.

PER CURIAM.

The State appeals from an order discharging various defendants charged with trafficking and conspiracy to traffic in marijuana. The trial court found that Rule of Criminal Procedure 3.191 governing speedy trial requires that defendants be brought to trial within ninety days of the denial of a motion to discharge regardless of which side has taken a continuance. In construing Butterworth v. Fluellen, 389 So.2d 968

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