STATE v. NIEMAN

No. 82-1808.

433 So.2d 572 (1983)

The STATE of Florida, Appellant, v. Charles Elmer NIEMAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 11, 1983.


Attorney(s) appearing for the Case

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

Raymond E. Badini, Miami, for appellee.

Before HUBBART, NESBITT and JORGENSON, JJ.


JORGENSON, Judge.

The state of Florida appeals from a trial court order discharging Charles Nieman, the appellee here, on speedy trial grounds. We have jurisdiction. See art. V, § 4(b)(1), Fla. Const. (1972); §§ 924.02, .07(1), (8), Fla. Stat. (1981); Fla.R.Crim.P. 3.191(d)(2)(iv), (g); Fla.R.App.P. 9.140(c)(1)(2).1 For the reasons which follow we reverse.

Nieman was arrested in May 1981 for extortion and...

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