STATE v. THOMAS

No. 95-405.

659 So.2d 1322 (1995)

The STATE of Florida, Appellant, v. Randy THOMAS, Appellee.

District Court of Appeal of Florida, Third District.

September 6, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Joni Braunstein, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellee.

Before BASKIN, JORGENSON and COPE, JJ.


PER CURIAM.

We affirm the order granting defendant's motion for discharge for violation of the speedy trial rule. Defendant was not brought to trial within the time required by Florida Rule of Criminal Procedure 3.191(p). "A defendant not brought to trial within the ten-day period through no fault of the defendant, on motion of the defendant or the court, shall be forever discharged from the crime." Fla.R.Crim.P. 3.191(p)(3). See State v. Koch,

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