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MONTALVO v. FUTCH

No. 90-0637.

559 So.2d 754 (1990)

Ranier MONTALVO, Petitioner, v. The Honorable M. Daniel FUTCH Jr., Circuit Court Judge, 17TH Judicial Circuit, in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

May 2, 1990.

Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, Steven Michaelson, Chief Asst. Public Defender, and A. Randall Haas, Asst. Public Defender, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for respondent.

PER CURIAM.

We grant the petition for writ of prohibition and direct that the petitioner be discharged because of the state's failure to comply with the provisions of the speedy trial rule. See Winfield v. State, 503 So.2d 333 (Fla. 2d DCA 1986); State ex rel. Kennedy v. McCauley, 265 So.2d 547 (Fla. 4th DCA 1972).

HERSEY, C.J., and ANSTEAD and STONE...

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