STATE OF FLORIDA, APPELLANT,
v.
E.B., A CHILD, APPELLEE

Fla. 4th DCA | 1989-03-29
No. 88-2740
HERSEY, C.J., and WALDEN and GARRETT, JJ., concur.
540 So. 2d 255 Florida District Court of Appeal, Fourth District (1989) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the order granting the defendant’s motion to dismiss for lack of a speedy trial upon authority of J.B. v. Korda, 436 So. 2d 1109 (Fla. 4th DCA 1983) and State v. Fraser, 426 So. 2d 46 (Fla. 5th DCA 1982). Here the defendant did not waive speedy trial, he merely agreed to a one day extension. Thus, the adjudicatory hearing had to begin on September 20, 1988. Since the State was ready and offered to start trial on that date it was error to dismiss for lack of a speedy trial.

REVERSED.

HERSEY, C.J., and WALDEN and GARRETT, JJ., concur.


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  • Smith v. State, 574 So. 2d 1195 (Fla. 3d DCA 1991)
    …2 So. 2d 18 (Fla.1988), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988), it does not matter for these purposes whether other black jurors actually serve on the defendant’s jury. Slappy, 522 So. 2d at 21; see also Stubbs v. State, 540 So. 2d 255 (Fla. 2d DCA 1989); Moriyon v. State, 543 So. 2d 379 (Fla. 3d DCA 1989), review dismissed, 549 So. 2d 1014 (Fla.1989). Hence there can be no question of the reversible incorrectness of a lower court’s declination to rule, one way or the other, as to…
  • Foster v. State, 557 So. 2d 634 (Fla. 3d DCA 1990)
    …al explanation for its exercise of peremptory challenges even though the impaneled jury included one black member. See Slappy; Tillman v. State, 522 So. 2d 14 (Fla.1988); Floyd; Williams v. State, 551 So. 2d 492 (Fla. 1st DCA 1989); Stubbs v. State, 540 So. 2d 255 (Fla. 2d DCA 1989). Under these circumstances reversal is required. Foster also argues that the trial court erred in denying his motion for judgment of acquittal after the state failed to establish that the vehicle stolen was not the property of Cl…
  • Brown v. State, 593 So. 2d 1210 (Fla. 2d DCA 1992)
    …On remand the trial court should be sure to apply the principles set forth in State v. Slappy, 522 So. 2d 18 (Fla.1988), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988); State v. Neil, 457 So. 2d 481 (Fla.1984); Stubbs v. State, 540 So. 2d 255 (Fla. 2d DCA 1989); see also Green v. State, 572 So. 2d 543 (Fla. 2d DCA 1990), rev. denied, 581 So. 2d 164 (Fla.1991). We agree with the appellant’s remaining contention that certain comments made by the assistant state attorney during the appella…

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