JOHNNY MAC GOODMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Johnny Mac Goodman appeals his robbery conviction, challenging the trial court's denial of his motion for mistrial and motion for discharge based on alleged violation of the speedy trial rule. The appellate court affirms, finding that Goodman failed to establish his availability for trial and that the trial court record was inadequate to support his speedy trial claim.
The trial court did not err in denying either motion. Under Thigpen v. State, the burden shifted to Goodman to show his availability for trial, which he failed to do. The trial court record was inadequate to determine whether Goodman was arrested by New York police on an escape charge or federal authorities on a drug charge, and lacked necessary dates and charges for proper speedy trial analysis.
[1] A defendant seeking discharge based on a speedy trial violation must present sufficient evidence to the trial court to establish the grounds for the motion.
[2] When a defendant escapes custody, the burden may shift to the defendant to demonstrate their availability for trial when seeking a discharge based on a speedy trial viola…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under the circumstances of this case we conclude the burden of proof was shifted to appellant and that he failed to show availability for trial in accordance with Thigpen v. State, 350 So.2d 1078 (Fla. 4th DCA 1977).”
Establishes that once a defendant becomes unavailable for trial through escape, the burden shifts to the defendant to prove his availability for trial.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGoodman was originally tried and convicted of robbery and sentenced to life imprisonment. While his appellate review was pending, he escaped from pris…
The full statement of facts, procedural history, and disposition for this case are member content.
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BERANEK, Judge.
Defendant appeals from a robbery conviction asserting as error the trial court’s denial of his motion for mistrial and denial of his motion for discharge based on an alleged violation of Rule of Criminal Procedure 3.191, the speedy trial rule. We find no error as to either point and in affirming wish to point out in regard to the second issue that the proof before the trial court was inadequate. Defendant testified in support of the motion for discharge but few facts were actually elicited. Apparently, defendant was originally tried and convicted for robbery and sentenced to life imprisonment. Defendant began serving his sentence and also sought appellate review. While the case was pending before the appellate court, defendant escaped from prison. He was eventually arrested in the State of New York. From the record we are unable to tell whether he was arrested by the New York City Police and held solely by virtue of the Florida escape charge, or whether he was arrested by Federal Authorities on a drug charge. No specific evidence was offered in this regard. While defendant was at large his initial conviction was reversed and a new trial ordered. Defendant appeared in the State of New York before a Federal Magistrate on unknown charges on at least two occasions and was released in the State of New York but subsequently arrested and eventually returned to Florida and again tried and convicted.1 The record before the trial court does not contain the dates and charges needed to make an intelligent and informed decision on the motion for discharge.
Under the circumstances of this case we conclude the burden of proof was shifted to appellant and that he failed to show availability for trial in accordance with Thigpen v. State, 350 So. 2d 1078 (Fla. 4th DCA 1977). We further conclude appellant has failed to demonstrate reversible error before this court based on the record made in the trial court. The trial court’s denial of the motions for mistrial and for discharge are thus affirmed.
AFFIRMED.
HERSEY and GLICKSTEIN, JJ., concur. . The reason for defendant’s release was asserted to be delay on the State’s part in transporting him to Florida. While we adhere to Thigpen v. State, 350 So. 2d 1078 (Fla. 4th DCA 1977), the record here is inadequate as to the actual delay involved and the reasons for it.