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DIAZ v. STATE

No. 92-1908.

617 So.2d 830 (1993)

Ismael DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 4, 1993.

Attorney(s) appearing for the Case

Bailey, Gerstein, Carhart & Rippingille and Bonnie Rippingille, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin and Francine Thomas, Asst. Attys. Gen., for appellee.

Before BASKIN, FERGUSON and LEVY, JJ.

PER CURIAM.

Ismael Diaz appeals a circuit court order denying his petition for writ of prohibition predicated on the court's failure to conduct his trial within speedy trial limits. We reverse the order and remand with directions to discharge Diaz: the circuit court erred in denying the petition. Although Diaz's counsel had stated that he would not file a motion to discharge pursuant to the speedy trial rule following the trial court's May 7 announcement that it would...

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