Timmons v. State

• Decision Date: 19 June 1979
• Docket Number: No. 79-574,79-574
• Citation: 371 So.2d 1104
• Parties: Willie TIMMONS, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1104

371 So.2d 1104

Willie TIMMONS, Appellant, v. The STATE of Florida, Appellee.

No. 79-574.

District Court of Appeal of Florida, Third District.

June 19, 1979.

Appeal from Circuit Court, Dade County; Alan R. Schwartz, Judge.

Bennett H. Brummer, Public Defender, and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before PEARSON, BARKDULL and HUBBART, JJ.

PER CURIAM.

The order under review is reversed and the cause is remanded to the trial court with directions to discharge the defendant from the cause based on the authority of Solomon v. State, 341 So.2d 537 (Fla.2d DCA 1977); Moss v. State, 330 So.2d 742 (Fla.1st DCA 1976), and Ware v. State, 231 So.2d 872 (Fla.2d DCA 1970).