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STATE v. HILL

No. 5D10-101.

41 So.3d 1091 (2010)

STATE of Florida, Appellant, v. Gary Christopher HILL, Appellee.

District Court of Appeal of Florida, Fifth District.

August 13, 2010.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

The State appeals from an order granting Hill's motion for discharge based upon an alleged violation of Hill's right to a speedy trial. See Fla. R.Crim. P. 3.191. We reverse.

In response to Hill's notice of expiration of trial date, the trial court scheduled trial for Monday, January 4, 2010. However, on December 31, 2009, the trial court erroneously determined that the recapture period had expired and entered an order of discharge. The...

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