THE STATE OF FLORIDA, APPELLANT,
v.
JACKIE BELCHER, APPELLEE
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SCHWARTZ, Judge.
The trial judge discharged the defendant under the speedy trial rule and the state appeals. The record shows that when the case was timely called for trial within 60 days after the defendant had demanded a speedy trial under Fla.R.Cnm.P. 3.191(a)(2), the defendant’s attorney could not proceed at that time because he was in the midst of trying another case. It is well-established that, under these circumstances, 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 and the cause is remanded for further proceedings consistent herewith.
Reversed and remanded.
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)…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 holding in each case was that the defendant could not be con…
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Williams v. State, 421 So. 2d 663 (Fla. 3d DCA 1982)…continuances prior to the initial trial were attributable to the defense, and the delay in retrying the defendant within 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 re…
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State v. Stronczer (9th Cir. Ct. App. Div. 2008)
Authorities Cited
- State of Fla. ex rel. Terry Michael Hanks & Rudolph Frank Seymour v. The Honorable Murray Goodman, 253 So. 2d 129 (Fla. 1971)
- Arthuro Savinon v. State, 277 So. 2d 58 (Fla. 3d DCA 1973)
- Penelope Gay Sheppard v. Ramada INN, Inc., 327 So. 2d 836 (Fla. 3d DCA 1976)
- State v. Exposito, 327 So. 2d 836 (Fla. 3d DCA 1976)
- Emilio Reyes v. State, 369 So. 2d 1027 (Fla. 3d DCA 1979)