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20 Fla. Supp. 2d 158

State v. Boling

Circuit Court for the Judicial Circuits of Florida · decided 1986-12-30

Relies on 389 So. 2d 968 - Butterworth in and for Broward Cty. v. Fluellen · Rutledge v. State · JB v. Korda

Decided 1986-12-30

¶1OPINION OF THE COURT

PER CURIAM.

¶2In this appeal by the State it argues that the defendant waived speedy trial and that the court’s Order for Discharge was in error. The defendant was, on two occasions, not ready for trial and an unexcused continuance should have been attributed to the defendant. Fla. R. Crim. P. 3.191(d)(3); Butterworth v. Fluellen, 389 So.2d 968 (Fla. *1591980); Rutledge v. State, 374 So.2d 975 (Fla. 1979); Butler v. Cullen, 253 SO.2d 861 (Fla. 1971); J.B. v. Karda, 436 So.2d 1109 (Fla. 4th DCA 1983); Hernandez v. State, 397 SO.2d 435 (Fla. 3d DCA 1981); Wright v. State, 396 SO.2d 864 (Fla. 3d DCA 1981); Rosenwasser v. Smith, 308 SO.2d 600 (Fla. 3d DCA 1975).

¶3The Order of Dismissal is vacated and the cause is remanded to the trial court for trial.

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