BARBER v. STATE

No. 82-1139.

438 So.2d 976 (1983)

Larry James BARBER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 11, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Richard Doran, Asst. Atty., for appellee.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.


FERGUSON, Judge.

The single issue in this appeal is whether an unexplained ten-month delay between the commission of the offense with which appellant was charged, and his arrest for that offense, was so prejudicial as to require dismissal of the information.

On January 11, 1981, two men robbed the proprietor of a northwest Dade restaurant. One of the men was arrested at the scene and was tried and convicted of the robbery and the rape of a waitress. On October...

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