STATE v. BRANDT

No. 84-205.

460 So.2d 444 (1984)

STATE of Florida, Appellant, v. Phillip T. BRANDT, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 18, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from an order discharging appellee from criminal prosecution. It is based upon Florida's Speedy Trial Rule 3.191, Florida Rules of Criminal Procedure.

The rule provides that a person must be tried within 180 days of being taken into custody for a felony offense. On March 4, 1983, appellee was taken into custody for a felony, sexual battery. Trial was set for June 2, 1983, but appellee moved for a continuance of the trial so...

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