Nelson v. State

BERANEK, Judge.

Defendant/appellant seeks reversal of the trial court’s order denying his motion for discharge which was based on speedy trial grounds. In 1977, defendant was charged and found guilty of second degree murder. On appeal, this court reversed and remanded for a new trial because the trial *80court had failed to give an appropriate jury instruction. Nelson v. State, 371 So.2d 706 (Fla. 4th DCA 1979). This court’s mandate was filed with the trial court on July 23, 1979. On August 3, 1979, the state filed a petition for certiorari seeking review before the Florida Supreme Court and on…