State v. Beckett

OTT, Judge.

The state seeks reversal of the lower court’s order discharging appellee under the speedy trial rule, Fla.R.Crim.P. 3.191. I agree and reverse the order of discharge.

On July 15, 1976, appellee was arrested for attempted burglary and possession of burglary tools. Under Fla.R.Crim.P. 3.191(a)(1) the speedy trial time period for a felony is 180 days. An information was not filed until September 8, 1976. Finally, on January 10, 1977 appellee was brought to arraignment. Only seven days of the delay from arrest to arraignment were attributable to the appellee. At arraignment the appellee…