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STATE v. FURST

No. 92-2503.

622 So.2d 535 (1993)

STATE of Florida, Appellant, v. Mark FURST, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Clarification and Certification Denied September 9, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

H. Scott Hecker, Law Offices of H. Scott Hecker, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

We affirm Appellee's speedy trial discharge because the trial court had the discretion to conclude on the record that the state had actual notice of, and intentionally ignored, Appellee's prematurely filed demand for reciprocal discovery. The demand was filed and served prior to the state's issuance of the formal information.

There is no indication or finding of intentional misconduct by the defense and the record supports Appellee's allegations...

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