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STATE v. GARBER

No. 98-39

726 So.2d 338 (1999)

STATE of Florida, Appellant, v. William GARBER, Appellee.

District Court of Appeal of Florida, Fifth District.

January 22, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellee.

THOMPSON, J.

The state appeals the order discharging Garber on speedy trial grounds. We reverse because we hold that the Friday after Thanksgiving, a day on which the circuit court was closed pursuant to a supreme court directive that it was a court holiday, was a "legal holiday" within the meaning of Rule 3.040, Florida Rules of Criminal Procedure.

On 20 November 1997, Garber filed a notice of expiration of speedy trial, asserting the expiration of the 180...

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