STATE v. VELIZ

No. 87-2302.

524 So.2d 1157 (1988)

The STATE of Florida, Appellant, v. Eufemia VELIZ, Appellee.

District Court of Appeal of Florida, Third District.

May 17, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Mark S. Dunn, Asst. Atty. Gen., for appellant.

Samek & Besser and Lawrence Besser, Miami, for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

The issue in this case, apparently one of first impression, is whether the state is entitled to the fifteen days of grace provided by Florida Rule of Criminal Procedure 3.191(i)(4), after the ninety days provided for trial by Rule 3.191(d)(3) upon the denial of an inappropriate motion for discharge have elapsed. The trial judge ruled in the negative, holding that the defendant was entitled to immediate...

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