Lee v. State

This appeal involves whether “exceptional circumstances” existed under rule 3.191(f), Florida Rules of Criminal Procedure, so as to permit , an extension by the trial court of the speedy trial time period *517established by rule 3.191(g). We conclude that such circumstances did not exist and that therefore the trial court erred in denying appellant’s motion for discharge.

Appellant was tried and found guilty by a jury. Subsequently, appellant’s motion for a new trial was granted on June 8,1981. His retrial should have taken place within 90 days from the date of the order granting the motion for…