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COLBY v. McNEILL

No. 91-1157.

595 So.2d 115 (1992)

The Honorable Jonathan T. COLBY, Judge of the County Court of the 11TH Judicial Circuit, in and for Dade County, Florida, Appellant, v. David McNEILL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 7, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine B. Johnson, Miami, for appellant.

Michael A. Catalano, Miami, for appellee.

Before HUBBART and FERGUSON and GODERICH, JJ.

HUBBART, Judge.

This is an appeal by the state from a final order granting a petition for a writ of prohibition, based on speedy trial grounds, in a county court proceeding wherein the defendant was charged with two traffic offenses. The central question presented for review is whether a defendant is entitled to a final discharge under the speedy trial rule [Fla.R.Crim.P. 3.191] where (a) police witnesses fail to appear pursuant to a duly issued subpoena for a defense...

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