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STATE v. MORGAN

No. 84-1966.

471 So.2d 199 (1985)

STATE of Florida, Appellant, v. Carmen R. MORGAN and Rosby L. Kelly, Appellees.

District Court of Appeal of Florida, Second District.

June 19, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellees.

SCHOONOVER, Judge.

The state appeals a trial court order discharging appellees, Carmen R. Morgan and Rosby L. Kelly, because of a violation of the speedy trial rule. We affirm the order discharging Kelly, but find the trial court erred in discharging Morgan.

Appellees were arrested on February 9, 1984, for committing grand theft on that same date. An information charging appellees with grand theft in violation of section 812.014(2)(b), Florida Statutes (1983...

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