State v. Duda

KAPNER, Associate Judge.

Appellee (defendant below), along with a co-defendant, was arrested on January 29, 1977, and charged with delivery of cocaine and carrying a concealed weapon. On April 1, 1977, an information charging these offenses was filed and trial was scheduled for June 2, 1977.

On May 26, 1977, a hearing was held on defendant’s motion for discovery. At that hearing, the case was continued to July 25, 1977, which was within the 180 day period mandated by Rule 3.191(a)(1), Fla.Rules of Criminal Procedure.

Prior to the trial date, appellee’s co-defendant hired new counsel who filed a…