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ZABRANI v. COWART

No. 86-910.

502 So.2d 1257 (1986)

Iqbal ZABRANI, Petitioner, v. The Honorable Edward D. COWART, Judge of the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, Criminal Division, Respondent.

District Court of Appeal of Florida, Third District.

November 25, 1986.

Attorney(s) appearing for the Case

Mark King Leban, Stanford Blake, Miami, for petitioner.

Janet Reno, State Atty., and Joel D. Rosenblatt, Asst. State Atty, for respondent.

Jim Smith, Atty. Gen. and Charles M. Fahlbusch, Asst. Atty. Gen., for the State of Fla. as intervenor.

Before SCHWARTZ, C.J., and BARKDULL, HENDRY, HUBBART, NESBITT, BASKIN, DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

Zabrani was taken into custody on a first degree murder charge on July 11, 1984. After the state failed to proceed against him, the action was at first dismissed, but he was rearrested on April 6, 1985. On April 24, 1985, more than 180 days after the first arrest, he moved for discharge under the speedy trial rule, Fla.R.Crim.P. 3.191. The trial judge has twice denied the motion on the ground that the grace period provision of Fla.R.Crim.P....

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