Fitzgerald v. State

Full title: DAVID FITZGERALD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 8, 1982

422 So. 2d 1095 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1926.

December 8, 1982.

Appeal from Circuit Court, Broward County; Russell E. Seay, Jr., Judge.

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Chief Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mas Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This is an appeal from an order denying defendant's motion to discharge based on speedy trial grounds. We conclude that error occurred and the defendant is hereby discharged. See Ex rel Butler v. Cullen, 253 So.2d 861 (Fla. 1971).

REVERSED AND DISCHARGED.

DOWNEY, BERANEK and WALDEN, JJ., concur.