ROBERT BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT BROWN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
573 So. 2d 1070
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon this court’s review of the record and the state’s confession of error, we vacate the departure sentence entered against the defendant on the basis of Ree v. State, 565 So. 2d 1329 (Fla. 1990), and Lambert v. State, 545 So. 2d 838 (Fla.1989), and remand the case for proper sentencing within the guidelines.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hahn v. State, 626 So. 2d 1056 (Fla. 4th DCA 1993)…l has been filed, and that Hahn could have found the witnesses through diligent search. Contrary to the state’s assertions, the invocation of the right to speedy trial does not negate the state’s continuing discovery obligation. See State v. Frank, 573 So. 2d 1070, 1071 (Fla. 4th DCA 1991) (holding that a defendant cannot be forced to choose between the right to have discovery and an adequate time to use it in preparing for trial, and the right to speedy trial). Thus, we hold that in accordance with Richardso…
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Dechaine v. State, 751 So. 2d 100 (Fla. 4th DCA 1999)…Id. at 721, n. 7. The state suggests that pre-1980 opinions, such as Tucker, are no longer applicable, due to subsequent modification of the speedy trial rule; however, we can discern no basis for such a conclusion. We note that in State v. Frank, 573 So. 2d 1070 (Fla. 4th DCA 1991), this court cited Tucker and the language in footnote seven in affirming the lower court’s grant of a discharge for violation of the speedy trial rule. Id. at 1071. Rule 3.140(m), Florida Rules of Criminal Procedure, states that…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)