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SULLIVAN v. STATE

No. 5D05-127.

913 So.2d 762 (2005)

Eugene SULLIVAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 10, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

TORPY, J.

Appellant pled guilty to felony DUI, reserving for appeal the dispositive issue of whether the trial court erred by denying his motion for discharge based on a purported speedy trial violation. We affirm, albeit not for the reason given by the lower court.

Appellant was arrested on June 4, 2004. On December 15, 2004, he filed a Notice of Expiration of Speedy Trial on which the court took no action until January 3, 2005, whereupon his case was called...

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