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STATE v. McDONALD

No. 88-1747.

538 So.2d 1352 (1989)

STATE of Florida, Appellant, v. Ona T. McDonald, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state appeals an order of the circuit court dismissing charges of petit theft and resisting arrest without violence. We affirm in part and reverse in part.

Appellee Ona McDonald was arrested for these charges December 4, 1987. Both offenses originally were prosecuted as misdemeanors, allowing the state 90 days to bring the case to fruition. Fla.R.Crim.P. 3.191(a)(1). Through no fault of McDonald the speedy trial period elapsed without resolution...

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