STATE v. McGRUDER

No. 94-04613.

664 So.2d 1126 (1995)

STATE of Florida, Appellant, v. James McGRUDER, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kimberly D. Nolen, Assistant Attorney General, Tampa, for Appellant.

Robert E. Jagger, Public Defender, and Gale H. Moore, Assistant Public Defender, Clearwater, for Appellee.


CAMPBELL, Acting Chief Judge.

The state challenges an order discharging appellee for the state's failure to bring him to trial within the proper speedy trial time. In these circumstances, however, we conclude that appellee was improperly discharged, and that the case be reversed and remanded to allow the charges to be reimposed.

Appellee filed a notice of expiration of speedy trial time on October 19, 1994, claiming ninety days had elapsed since the date of...

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