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STATE v. TOYOS

No. 81-17.

448 So.2d 1135 (1984)

The STATE of Florida, Appellant, v. Waldo TOYOS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 14, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellant.

Sams, Gerstein & Ward and Paul M. Rashkind, Miami, for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

The state appeals an order discharging defendant pursuant to the speedy trial rule, Florida Rule of Criminal Procedure 3.191 (1980). We agree that under no view of the facts herein can the order be sustained.1 The salient events are that:

1. On March 28, 1980, defendant was arrested and the applicable 180-day speedy trial period commenced to run.

2. On June 2, 1980...

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