THE STATE OF FLORIDA, APPELLANT,
v.
RUSSELL FORSTEN A/K/A RUSSELL FOSTER, APPELLEE
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SCHWARTZ, Judge.
The trial court discharged the appellee on the ground, among others, that the state’s 120 day delay in bringing him to trial subsequent to the expiration of an agreed continuance violated his constitutional right to a speedy trial.1 This issue “must be determined in the light of the circumstances of the particular case as a matter of judicial discretion.” State ex rel. Butler v. Cullen, 253 So. 2d 861, 863 (Fla.1971), quoted and readopted in Butterworth v. Fluellen, 389 So. 2d 968, 970 (Fla.1980). No abuse of that discretion has been demonstrated on this record. Negron v. State, 306 So. 2d 104 (Fla.1974) (100 day delay after state continuance found constitutionally unreasonable).
Affirmed.
. Because the defendant had previously himself both moved for and agreed to continuances, the provisions of Fla.R.Crim.P. 3.191 were not controlling. Butterworth v. Fluellen, 389 So. 2d 968 (Fla.1980).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Blankenship, 422 So. 2d 1059 (Fla. 2d DCA 1982)…edy trial. In any event, the length of delay, standing alone, will not support the conclusion that constitutional speedy trial rights have been violated. Barker v. Wingo; State v. Bonamy, 409 So. 2d 518 (Fla. 5th DCA 1982); but cf. State v. Forsten, 401 So. 2d 1160 (Fla. 3d DCA 1981), in which the discharge may have been upheld solely because of the passage of time, though the opinion does not foreclose the possibility that other factors existed. The second reason for reversal is grounded upon the rationale o…
Authorities Cited
- State of Fla. ex rel. Isaac Don Butler & Gerald Nickles v. Honorable Ralph O. Cullen, 253 So. 2d 861 (Fla. 1971)
- Honorable Robert A. Butterworth v. Fluellen, 389 So. 2d 968 (Fla. 1980)
- Ozzie Joseph Negron and Teresa Negron v. State, 306 So. 2d 104 (Fla. 1974)