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GARRETT v. STATE

No. 1D11-5357.

87 So.3d 799 (2012)

Wilson GARRETT, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

April 27, 2012.

Attorney(s) appearing for the Case

Richard A. Greenberg of Rumberger, Kirk & Caldwell, P.A., Tallahassee; Michael Ufferman of the Michael Ufferman Law Firm, P.A., Tallahassee, for Petitioner.

Pamela Jo Bondi , Attorney General, and Samuel A. Perrone , Assistant Attorney General, Tallahassee, for Respondent.

VAN NORTWICK, J.

This petition for writ of prohibition challenges the denial of a motion for discharge based on a violation of the speedy trial rule. For the reasons that follow, we grant the petition.

Petitioner was arrested on March 18, 2011, for sexual assault. On September 16, 2011, more than 175 days after his arrest, petitioner filed a notice of expiration of time for speedy trial pursuant to rule 3.191(h), Florida Rules of Criminal Procedure, and a...

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