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45 Fla. Supp. 2d 34

State v. Billie

Circuit Court for the Judicial Circuits of Florida · decided 1990-12-05

Relies on 527 So. 2d 209 - State v. Brown

Decided 1990-12-05

¶1OPINION OF THE COURT

PER CURIAM.

¶2A motion for discharge was granted for failure to bring the defendant/appellee to trial timely pursuant to Florida Rule of Criminal Procedure 3.191.

¶3We reverse because a defense requested continuance was improperly *35charged to the State [Rule 3.191(d)(3)]. See State v Brown, 527 So.2d 209 (Fla. 3 DCA 1988).

¶4Because we have reversed for the reasons set forth above, we need not address the other point raised in this appeal.

¶5Reversed and remanded for further proceedings.

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