MILLER v. STATE

No. 83-2471.

469 So.2d 867 (1985)

Richard Thomas MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 10, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Michael E. Rehr, Asst. Public Defender, for appellant.

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

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.


PER CURIAM.

The defendant Richard Thomas Miller appeals his judgments of conviction and sentences for burglary of a dwelling and grand theft entered after trial below. He contends inter alia that the trial court erred in denying his motion for discharge under the speedy trial rule. We agree and reverse.

It is clear that the defendant was not tried within 180 days of his felony arrest, although he was continuously available for trial during this time...

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