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STATE v. DEL RIO

No. 85-169.

483 So.2d 478 (1986)

The STATE of Florida, Appellant, v. Julio DEL RIO, Appellee.

District Court of Appeal of Florida, Third District.

February 11, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

The order discharging the defendant under the speedy trial rule, Fla.R.Crim.P. 3.191 (1984), is reversed because he was not continuously available for trial during the critical 180 day period. Fla.R.Crim.P. 3.191(e). Specifically, the defendant (a) failed to appear at all on a date duly set for his trial,1 see Rule 3.191(e)(1); State v. Exposito, 327 So.2d 836 (Fla. 3d DCA 1976), and...

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