CLIMPSON v. STATE

No. 87-495.

528 So.2d 1296 (1988)

Reginald CLIMPSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 2, 1988.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Sharon Bradley, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and John M. Koenig, Jr., Asst. Atty. Gen., Tallahassee, for appellee.


ERVIN, Judge.

The appellant contends that the trial court reversibly erred in denying his motion for discharge, in that the court failed to conduct a hearing within five days from the filing of the motion. We conclude that, although the hearing on the motion was not timely, the trial court set appellant's trial within the fifteen-day time limit as required by Florida Rule Criminal Procedure 3.191(i)(4);

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