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STATE v. McINTYRE

No. 5D08-2121.

10 So.3d 705 (2009)

STATE of Florida, Appellant, v. Steven Maurice McINTYRE, Appellee.

District Court of Appeal of Florida, Fifth District.

May 29, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellee.

COBB, W., Senior Judge.

The State has appealed the trial court's order of discharge of the defendant McIntyre (charged with four counts of sexual battery on a child under twelve) based upon the trial court's finding that his right to a speedy trial had been violated.

The legal issue presented is whether a criminal defendant who waives speedy trial by a last-minute motion for a psychiatric evaluation1 can subsequently obtain a discharge...

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