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STATE v. BARREIRO

No. 83-2726.

460 So.2d 945 (1984)

The STATE of Florida, Appellant, v. Hipolito BARREIRO, Appellee.

District Court of Appeal of Florida, Third District.

December 11, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Paul Mendelson and Charles Fahlbusch, Asst. Attys. Gen., for appellant.

Ferrell & Ferrell and Milton Ferrell, Jr., Miami, for appellee.

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.

ON MOTION FOR REHEARING

FERGUSON, Judge.

The State appeals an order of the trial court which "forever discharged" the defendant from the crime on a finding that he had been denied the right to a speedy trial as guaranteed by Florida Rule of Criminal Procedure 3.191 and the Florida Constitution.1

The question presented is whether the defendant was properly discharged on speedy trial grounds where the State was unprepared...

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