STATE v. HERNANDEZ

No. 92-2166.

617 So.2d 1103 (1993)

The STATE of Florida, Appellant, v. Leonardo HERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

May 4, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellee.

Before BARKDULL, FERGUSON and LEVY, JJ.


LEVY, Judge.

We reverse the defendant's discharge under the speedy trial rule. The defendant had been charged with two criminal counts, and had filed a demand for a speedy trial on June 29, 1992. On August 18, 1992, the 50 days prescribed in Florida Rule of Criminal Procedure 3.191(a)(2)(4) [since renumbered 3.191(b)(4)] elapsed without the defendant being brought to trial. The defendant immediately filed a Motion to Discharge1 which was...

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