STATE v. MOSS

No. 79-872/T4-506.

395 So.2d 561 (1981)

STATE of Florida, Appellant, v. Wilson James MOSS, a/k/a James Wilson Moss, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 26, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Ramsey W. Dulin and Judith A. Ginn, Orlando, for appellee.


COWART, Judge.

After the defendant in a criminal prosecution had twice moved for continuances, which were granted, the trial court granted his discharge on the ground that he had been denied a speedy trial.

The defense continuances only impliedly waived the defendant's right under the speedy trial rule but not his constitutional speedy trial rights, Butterworth v. Fluellen, 389 So.2d 968 (Fla. 1980), State ex rel...

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