CLINTON v. STATE

No. 83-1364.

451 So.2d 893 (1984)

Jeffrey William CLINTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 3, 1984.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal and Karen Gottlieb, Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen. and G. Bart Billbrough, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.


PER CURIAM.

Despite the fact that the speedy trial time had expired, the defendant's motion for discharge was denied. The record shows that Clinton did not violate any order of court or other duty to respond and concededly did not receive the notice of his required appearance solely because, through no fault of his own, the prosecution sent it to an incorrect address. On these facts, the delay cannot be attributed to the defendant, who, in turn, may not therefore...

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