C.E.M., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
C.E.M., A JUVENILE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
870 So. 2d 858
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Affirmed. See A.A. v. State, 461 So. 2d 165 (Fla. 3d DCA 1984).
Dissent
COPE, J.,
dissenting.
The State did not make out a proper case under A.A. v. State, 461 So. 2d 165 (Fla. 3d DCA 1984). I would reverse on authority of L.R. v. State, 557 So. 2d 121 (Fla. 3d DCA 1990), and Weaver v. State, 543 So. 2d 443 (Fla. 3d DCA 1989); see also State v. Pennington, 534 So. 2d 393, 395-96 (Fla.1988).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Jenkins, 899 So. 2d 1238 (Fla. 4th DCA 2005)…le is ‘to promote the efficient operation of the court system and to act as a stimulus to prosecutors to bring defendants to trial as soon as practicable, thus minimizing the hardships placed upon accused persons awaiting trial.’ ” State v. Burnett, 870 So. 2d 858, 861 (Fla. 3d DCA 2004) (quoting Lewis v. State, 357 So. 2d 725, 727 (Fla. 1978)). The United States Supreme Court has delineated four factors to consider in making this determination: (1) the length of the delay, (2) the reason for the delay, (3)th…
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State v. Valdez, 44 So. 3d 184 (Fla. 2d DCA 2010)…ilure to timely provide discovery. “[T]he key question in a situation in which a discovery violation is alleged is whether or not the defendant was significantly prejudiced by the State’s failure to produce the requested evidence.” State v. Burnett, 870 So. 2d 858, 862 (Fla. 3d DCA 2004) (quoting State v. DelGaudio, 445 So. 2d 605, 609 (Fla. 3d DCA 1984)). As long as discovery is provided in time to allow the defendant to utilize it prior to the expiration of speedy trial, including the recapture period, ther…
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Whitehall v. State, 81 So. 3d 599 (Fla. 2d DCA 2012)…o trial within fifteen days from the notice. Fla. R.Crim. P. 3.191(p)(3). This window gives the State an opportunity for “recapture”; a “last chance to bring the defendant to trial” before “he is forever discharged from the crime.” State v. Burnett, 870 So. 2d 858, 861 (Fla. 3d DCA 2004). Here, it appears the trial court held a calendar call and set the trial for seven days after the filing of the notice on May 18. Thus, the court complied with the requirements of rule 3.191 and gave the State its opportunity…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Pennington, 534 So. 2d 393 (Fla. 1988)
- A.A. v. State, 461 So. 2d 165 (Fla. 3d DCA 1984)
- Weaver v. State, 543 So. 2d 443 (Fla. 3d DCA 1989)
- Perez v. State, 557 So. 2d 121 (Fla. 3d DCA 1990)
- L.R. v. State, 557 So. 2d 121 (Fla. 3d DCA 1990)