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STATE v. LOWTHER

No. 90-1848.

597 So.2d 986 (1992)

STATE of Florida, Appellant, v. John LOWTHER, Appellee.

District Court of Appeal of Florida, Fourth District.

May 27, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellant.

Nancy C. Wear of Essen & Essen, P.A., North Palm Beach, for appellee.

PER CURIAM.

REVERSED. We agree with the state that the circuit court erred in holding as a matter of law that the appellee's speedy trial rights were violated. See State v. Brown, 527 So.2d 209 (Fla. 3d DCA), rev. denied, 534 So.2d 398 (Fla. 1988); Birken v. Scheer, 543 So.2d 330 (Fla. 4th DCA), rev. denied, 553 So.2d 1166 (Fla. 1989); State v. Counce,

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