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DIXON v. STATE

No. 3D04-2056.

901 So.2d 384 (2005)

Cliff Ross DIXON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 3, 2005.

Attorney(s) appearing for the Case

Robbins, Tunkey, Ross, Amsel, Raben, Waxman & Eiglarsh and Benjamin S. Waxman, Miami, for appellant.

Charles J. Crist, Jr., Attorney General, and Erin Kinney and Jennifer Moore, Assistant Attorneys General, for appellee.

Before GREEN, RAMIREZ, and SUAREZ, JJ.

SUAREZ, J.

Appellant/Defendant, Cliff Ross Dixon, appeals from a Circuit Court order denying his petition for writ of prohibition to bar trial and argues that the trial court improperly denied his motion to discharge under the speedy trial rule. Fla. R.Crim. P. 3.191. We find the defendant did not delay the orderly prosecution of his case and did not waive his speedy trial rights. We reverse and remand for discharge.

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