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ZIRKLE v. STATE

No. 80-815.

410 So.2d 948 (1982)

James Alexander ZIRKLE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 29, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Mitchell R. Bloomberg, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, NESBITT and JORGENSON, JJ.

NESBITT, Judge.

Zirkle appeals his judgment of conviction for a lewd and lascivious act committed upon a child under the age of fourteen. The only point that we are concerned with in the present appeal is whether the trial court erred in denying his motion for discharge made and presented pursuant to Florida Rule of Criminal Procedure 3.191.

Zirkle was arrested on June 15, 1979. His trial was scheduled for September 4, 1979 and then rescheduled for September...

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