State v. Kerwin

ON MOTION FOR REHEARING

WIGGINTON, Judge.

Having considered the state’s motion for rehearing, we grant the motion and with*356draw the opinion previously filed in this cause, substituting the following decision and opinion in lieu thereof.

The state appeals an order discharging Kerwin for the state’s violation of the speedy trial rule. We reverse.

Relevant to Kerwin’s case is rule 3.191(g),1 the provisions of which necessitated the state’s bringing Kerwin to trial within ninety days from September 13, 1982, the date on which the trial court received this Court’s mandate subsequent to an interlocutory…