EMILIO REYES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EMILIO REYES, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
369 So. 2d 1027
Florida District Court of Appeal, Third District (1979)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
On this appeal, the defendant argues that the judgment must be reversed because venue was not sufficiently established. We affirm upon a holding that the record affirmatively shows the issue was never-presented to the trial judge and defendant failed to move for acquittal upon that ground or for a new trial. See Smith v. State ex rel. Dade County, 314 So. 2d 161 (Fla.3d DCA 1975).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Frazee, 617 So. 2d 350 (Fla. 4th DCA 1993)…v. Newman, 461 So. 2d 1021 (Fla. 3d DCA), rev. denied, 467 So. 2d 999 (Fla.1985); accord State v. (Buster) Brown, 412 So. 2d 448 (Fla. 6th DCA 1982); State v. (Michael) Brown, 394 So. 2d 218 (Fla. 5th DCA 1981). But more in point are State v. McCoy, 369 So. 2d 1027 (Fla. 3d DCA 1979), and State v. Belcher, 372 So. 2d 546 (Fla. 3d DCA 1979). In each case the defendant’s counsel advised the court that he was ready for trial but could not be present because he was trying another case before another judge. The hol…
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State v. Belcher, 372 So. 2d 546 (Fla. 3d DCA 1979)…rcumstances, the defendant may not be considered to have been “continuously available for trial” during the pertinent period and is therefore, by the express terms of Fla.R.Crim.P. 3.191(a)(2) and 3.191(e), not entitled to discharge. State v. McCoy, 369 So. 2d 1027 (Fla. 3d DCA 1979); State v. Exposito, 327 So. 2d 836 (Fla. 3d DCA 1976); Savinon v. State, 277 So. 2d 58 (Fla. 3d DCA 1973); cf. State ex rel. Hanks v. Goodman, 253 So. 2d 129 (Fla.1971). Accordingly, the order of discharge under review is reversed…
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Williams v. State, 421 So. 2d 663 (Fla. 3d DCA 1982)…in ninety days1 following a mistrial was a direct result of defense counsel’s involvement in trying another case. State v. Belcher, 372 So. 2d 546 (Fla.3d DCA 1979) and cases cited; Roberts v. State, 371 So. 2d 538 (Fla.3d DCA 1979); State v. McCoy, 369 So. 2d 1027 (Fla.3d DCA 1979). Reversed and remanded for further proceedings not inconsistent with this opinion. . Commencement of the retrial was less than one month subsequent to the expiration of ninety days from the date the trial court declared a mist…
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- Smith v. State, 314 So. 2d 161 (Fla. 3d DCA 1975)