State v. Lowther

Full title: STATE OF FLORIDA, APPELLANT, v. JOHN LOWTHER, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 27, 1992

597 So. 2d 986 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-1848.

May 27, 1992.

Appeal from the Circuit Court for Broward County; Patricia W. Cocalis, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellant.

Nancy C. Wear of Essen Essen, P.A., North Palm Beach, for appellee.

PER CURIAM.

REVERSED. We agree with the state that the circuit court erred in holding as a matter of law that the appellee's speedy trial rights were violated. See State v. Brown, 527 So.2d 209 (Fla. 3d DCA), rev. denied, 534 So.2d 398 (Fla. 1988); Birken v. Scheer, 543 So.2d 330 (Fla. 4th DCA), rev. denied, 553 So.2d 1166 (Fla. 1989); State v. Counce, 392 So.2d 1029 (Fla. 4th DCA 1981).

GLICKSTEIN, C.J., and ANSTEAD and POLEN, JJ., concur.