State v. Featherston

The appellant state seeks review of an order denying its motion to vacate an order discharging appellee defendant Alfred Dwight Featherston under the speedy trial rule, Rule 3.191(a)(2) CrPR, In re Florida Rules of Criminal Procedure, Fla.1971, 33 F.S.A., 245 So.2d 33. The state contends that the 180 day rule, rather than the 60 day rule, applies. Rule 3.191(a)(2), (b) (2).

The order appealed sets forth the facts the reasoning of the trial court, in pertinent part:

“1. An Information charging the defendant with Unlawful Possession of Marijuana was filed June 23, 1970.

“2. On August 12, 1970 the…