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ROBBINS v. STATE

No. 83-2522.

453 So.2d 877 (1984)

Claude ROBBINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 3, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Defendant was convicted of grand theft. He appeals the trial court's denial of his Motion for Discharge on speedy trial grounds. We reverse.

There is no dispute that more than 180 days from defendant's arrest on September 24, 1984, had expired when defendant's motion was filed. The only question is whether the 180-day requirement was inapplicable because defendant had been unavailable for trial under Fla.R.Crim.P. 3.191(e). The state, citing

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