THE STATE OF FLORIDA, APPELLANT,
v.
KILBY HOLTON, APPELLEE
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SCHWARTZ, Chief Judge.
The sole point on this state appeal from an order discharging the defendant under the speedy trial rule claims that the defendant’s demand for a speedy trial was not “filed” in the clerk’s office. It makes this contention notwithstanding the trial court’s finding, on ample evidence, that the notice was indeed filed and the undisputed fact that it was in any case timely served on the office of the state attorney, which ignored it.
This appeal is thus no more than a frivolous, transparent attempt to shift the burden of the dismissal from the prosecution to the judiciary. Its filing below by the state attorney and its continuation here by the attorney general represent an imposition upon the courts and demean those offices and the state of Florida which they represent. Our previous admonition to the state “that this court should not again be burdened with cases of such obvious lack of merit,” State v. Rodriguez, 515 So. 2d 330, 331 (Fla. 3d DCA 1987), has apparently gone unheeded. We will not tolerate its happening again.
AFFIRMED.
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State v. Ashley, 549 So. 2d 226 (Fla. 3d DCA 1989)…iated for departure is valid. The defendant’s age is not a valid reason for departure unless additional factors, such as emotional immaturity or lack of intelligence, are present. State v. Bryant, 546 So. 2d 1112 (Fla. 2d DCA 1989); State v. Riley, 530 So. 2d 1081 (Fla. 3d DCA 1988); but see State v. Davis, 538 So. 2d 537 (Fla. 2d DCA 1989). There is no evidence that Ashley possesses less intelligence or emotional maturity than any other twenty-nine year old individual. The trial court’s second reason, the q…
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State v. Whiddon, 554 So. 2d 651 (Fla. 1st DCA 1989)…l)(I) permits the state to appeal an illegal sentence. . See State v. Ashley, 549 So. 2d 226, 226 (Fla. 3d DCA 1989); State v. Bryant, 546 So. 2d 1112, 1113 (Fla. 2d DCA 1989); State v. Davis, 537 So. 2d 192, 193 (Fla. 2d DCA 1989); State v. Riley, 530 So. 2d 1081, 1082 (Fla. 3d DCA 1988); State v. Collins, 482 So. 2d 388, 389 (Fla. 5th DCA 1985).…
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State v. Bryant, 546 So. 2d 1112 (Fla. 2d DCA 1989)…ate v. Daughtry, 505 So. 2d 537 (Fla. 4th DCA), rev. dism., 511 So. 2d 999 (Fla.1987). The defendant’s youthfulness is not a proper basis for departure unless additional factors, such as marked emotional immaturity, are also present. State v. Riley, 530 So. 2d 1081 (Fla. 3d DCA 1988). Bryant’s age at the time of the prior offense is irrelevant, particularly given the fact he had been incarcerated for over six years when the present charges were brought. Similarly, while Bryant may have had a drug problem at so…
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- State v. Miguelina Rodriguez, 515 So. 2d 330 (Fla. 3d DCA 1987)