STATE V. RODRIGUEZ

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004 ** THE STATE OF FLORIDA, ** Appellant, ** vs. CASE NO. 3D03-639 ** JOSE RODRIGUEZ, ** LOWER TRIBUNAL NO. 02-10531 Appellee. ** Opinion filed October 13, 2004. An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellant. Craig J. Trocino, for appellee. Before GERSTEN, GODERICH, and GREEN, JJ. PER CURIAM. The violations trial court s prejudiced finding the that defendant, the Jose State s discovery Rodriguez, in the preparation of his defense was not supported by the record. Therefore, the trial court abused its discretion by granting the defendant s motion for discharge for violation of the speedy trial rule. State v. State v. Guzman, 667 So. 2d 989 (Fla. 3d DCA 1996); Brown, 527 So. 2d 209, 210 (Fla. 3d DCA), review denied, 534 So. 2d 398 (Fla. 1988); State v. Del Gaudio, 445 So. 2d 605, 608 (Fla. 3d DCA), review denied, 453 So. 2d 45 (Fla. 1984). Reversed. 2

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