MOCCIA v. STATE

No. 82-1727.

449 So.2d 403 (1984)

Nicholas A. MOCCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 3, 1984.


Attorney(s) appearing for the Case

James K. Freeland, P.A., and Joel A. Spector, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from an order denying a motion for discharge. The appellant urges he was denied a speedy trial under Rule 3.191. The trial judge made an error in his calculations and for that we must reverse.

The appellant was arrested on November 21, 1980, for a non-capital felony so his right to a speedy trial began that day and ran for 180 days. In his calculations, the judge figured as follows.

He [appellant] remained in the...

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