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STATE v. MERCER

No. 2D11-2096.

112 So.3d 523 (2013)

STATE of Florida, Appellant, v. Denice MERCER, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 15, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Diana K. Bock , Assistant Attorney General, Tampa, for Appellant.

Howard L. Dimmig, II , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellee.

SILBERMAN, Chief Judge.

The State appeals an order discharging Denice Mercer based on a violation of the speedy trial rule. Mercer filed a motion for discharge after the State nolle prossed a misdemeanor petit theft charge in county court and filed a felony petit theft charge based on the same conduct in circuit court. The circuit court determined that the State violated the speedy trial rule by failing to provide Mercer notice of the felony charge prior to the expiration...

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