DARIN COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1986-05-22
No. BH-433
ERVIN and JOANOS, JJ., concur.
489 So. 2d 133 Florida District Court of Appeal, First District (1986) Caution
Cited by 17 cases

Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Appellant seeks review of a conviction and sentence for the offense of escape on grounds that he was denied a speedy trial under the 180-day rule. Fla.R.Crim.P. 3.191(d)(3). We affirm the conviction and sentence appealed.

Appellant asserts that the trial court erred in denying his motion for discharge on July 8, 1985, the 181st day following his arrest. Appellant signed a petition for change of plea to nolo contendere on June 4, but he was not brought to court until July 8. We agree with the trial court’s determination that the “delay in proceeding on this cause was occasioned by Defendant’s [appellant’s] announcement of an intent to enter a plea of guilty or nolo conten-dere ...,” and the motion was therefore properly denied.

Affirmed.

ERVIN and JOANOS, JJ., concur.


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  • Sickon v. The Sch. Bd. OF Alachua Cnty., 719 So. 2d 360 (Fla. 1st DCA 1998)
    …ontract of employment held by appellant does not extend to the right of reemployment as a coach or athletic director.”). Cf. Spiegel v. University of South Fla., 555 So. 2d 428 (Fla. 2d DCA 1989). The decision in Tuckman v. Florida State University, 489 So. 2d 133 (Fla. 1st DCA 1986), where substantial interest was conceded by the state agency, is not to the contrary. . Ms. Sickon does not allege that the School Board failed to take advantage of any exemption available to it under section 231.291, Florida St…
  • Nicolitz v. Bd. OF Opticianry & Dep't of Prof'l Reg., 609 So. 2d 92 (Fla. 1st DCA 1992)
    …n demonstrated, refuse to refer the matter to DOAH, and proceed informally. If the agency’s decision regarding the need for formal proceedings was incorrect, the error can be corrected on appeal from final order. Tuckman v. Florida State University, 489 So. 2d 133 (Fla. 1st DCA 1986). Once a referral to DOAH is made, however, “the referring agency shall take no action with respect to the formal proceeding except as a party litigant.” § 120.57(1)(b)(3), Fla. Stat. (1991). Here, the department could only revest…
  • Fertally v. Miami-Dade Cmty. Coll., 651 So. 2d 1283 (Fla. 3d DCA 1995)
    …immediacy to entitle it to receive a formal administrative hearing, and that the injury is of a type or nature which the administrative hearing is designed to protect. Id. at 552-53 (citations omitted). See generally Tuckman v. Florida State Univ., 489 So. 2d 133 (Fla. 1st DCA 1986); Cornwell v. Univ. of Florida, 307 So. 2d 203 (Fla. 1st DCA 1975). Here, the appellant was on probationary status as an annual contract employee. By virtue of Rule 6A-14.041(7) and the contract itself, appellant has no expectanc…

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