State v. Billie (45 Fla. Supp. 2d 34, 1990)

OPINION OF THE COURT

PER CURIAM.

A motion for discharge was granted for failure to bring the defendant/appellee to trial timely pursuant to Florida Rule of Criminal Procedure 3.191.

We reverse because a defense requested continuance was improperly charged to the State [Rule 3.191(d)(3)]. See State v Brown, 527 So.2d 209 (Fla. 3 DCA 1988).

Because we have reversed for the reasons set forth above, we need not address the other point raised in this appeal.

Reversed and remanded for further proceedings.