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MASSEY v. GRAZIANO

No. 90-1258.

564 So.2d 287 (1990)

Michael Maurice MASSEY, Petitioner, v. Hon. Gayle GRAZIANO, Respondent.

District Court of Appeal of Florida, Fifth District.

July 26, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for respondent.

W. SHARP, Judge.

Massey files a petition for writ of prohibition seeking discharge from prosecution for two counts of aggravated battery and one count of battery on a law enforcement officer. He claims his speedy trial rights under Florida Rule of Criminal Procedure 3.191 have been violated. We agree and issue the writ because the state failed to bring Massey to trial within the five and ten day window period afforded the state under rule 3.191(i)(4).

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