STATE v. GIBSON

No. 5D00-702.

783 So.2d 1155 (2001)

STATE of Florida, Appellant/Cross-Appellee, v. Claudia Nicole GIBSON and Jennifer Creamer, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

April 12, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James B. Gibson, Public Defender and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellees/Cross-Appellants.


SAWAYA, J.

The State appeals the orders discharging Jennifer Creamer and Claudia Gibson under the speedy trial rule from Count I, burglary of a dwelling, and Count III, criminal mischief. The State argues that the trial court erred because both defendants waived their speedy trial rights when they requested and received continuances during the speedy trial period. We agree and reverse.

Gibson and Creamer cross appeal the order denying their motion for discharge...

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