JEFFREY WILLIAM CLINTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER. CURIAM.
Despite the fact that the speedy trial time had expired, the defendant’s motion for discharge was denied. The record shows that Clinton did not violate any order of court or other duty to respond and concededly did not receive the notice of his required appearance solely because, through no fault of his own, the prosecution sent it to an incorrect address. On these facts, the delay cannot be attributed to the defendant, who, in turn, may not therefore be deemed “unavailable for trial” under Fla.R.Crim.P. 3.191. State ex rel. Smith v. Nesbitt, 355 So. 2d 202 (Fla. 3d DCA 1978); State v. Collie, 390 So. 2d 441 (Fla. 5th DCA 1980), rev. denied, 399 So. 2d 1146 (Fla.1981); Richardson v. State, 340 So. 2d 1198 (Fla. 4th DCA 1976); State ex rel. Kennedy v. McCauley, 265 So. 2d 547 (Fla. 4th DCA 1972); V.C. v. Ferguson, 422 So. 2d 861 (Fla. 3d DCA 1982), aff’d, 427 So. 2d 722 (Fla.1983); State ex rel. Covington v. Rowe, 281 So. 2d 71 (Fla. 3d DCA 1973). For this reason, the judgment below, entered pursuant to a nolo plea which preserved the point, is
Reversed.
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Citator
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Levy v. Levy, 483 So. 2d 455 (Fla. 3d DCA 1986)…he effect of the parties’ settlement agreement upon Levy’s liability for post-judgment fees, has been foreclosed by Planes v. Planes, 477 So. 2d 42 (Fla. 3d DCA 1985). Affirmed. . The services are reflected in part by our decision in Levy v. Levy, 451 So. 2d 893 (Fla. 3d DCA 1984). . In McCallum, the court held that the trial judge had lost jurisdiction to order post-decretal attorneys’ fees, stating in part as follows: Appellant argues that a reservation of jurisdiction regarding attorneys’ fees was cont…
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State v. Gantt, 688 So. 2d 1012 (Fla. 3d DCA 1997)…se the defendant did not receive notice until he was rearrested, well after the expiration of the speedy trial period. See Cordero v. State, 686 So. 2d 737 (Fla. 3d DCA 1997); Dedolchow v. State, 675 So. 2d 955 (Fla. 4th DCA 1996); Clinton v. State, 451 So. 2d 893 (Fla. 3d DCA 1984). To allow the state an additional fifteen days in which to bring the defendant to trial, in view of the State’s inaction, would impermissibly prejudice the defendant’s speedy trial rights. This unre-dressable injustice in contrave…
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Winfield v. State, 503 So. 2d 333 (Fla. 2d DCA 1986)…R. Crim.P. 3.133(b). When the information was thereafter filed, notice was sent to appellant’s last known address. Appellant was no longer at that address and failed to appear at arraignment. We believe this case is controlled by Clinton v. State, 451 So. 2d 893 (Fla. 3d DCA 1984), and State ex rel. Smith v. Nesbitt, 355 So. 2d 202 (Fla. 3d DCA 1978). At the time the county court released appellant there was no information pending. Therefore, appellant had no obligation to notify the court of his change of…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Walker v. State, 355 So. 2d 202 (Fla. 3d DCA 1978)
- Ernie Richardson v. State, 340 So. 2d 1198 (Fla. 4th DCA 1976)
- Leiseder v. State, 265 So. 2d 547 (Fla. 2d DCA 1972)
- The State of Fla. ex rel. Willie Preston Kennedy, Jr. v. McCAULEY, 265 So. 2d 547 (Fla. 4th DCA 1972)
- State v. Collie, 390 So. 2d 441 (Fla. 5th DCA 1980)
- Ferguson v. V.C., 427 So. 2d 722 (Fla. 1983)
- A & E Int'l Enters., Inc. v. Star Ceiling & Floors, Inc., 422 So. 2d 861 (Fla. 3d DCA 1982)
- V.C. v. The Honorable Ralph B. Ferguson, Jr., 422 So. 2d 861 (Fla. 3d DCA 1982)
- State of Fla. ex rel. Alma Covington v. The Honorable Ellen Morphonios Rowe, 281 So. 2d 71 (Fla. 3d DCA 1973)