PHILLIP MORRIS JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed.
ON PETITION FOR REHEARING
Jones was not tried promptly, but there is no error in the record. Jones’ claim *713that he was prejudiced because one witness to the robbery was unavailable at the time of trial would make sense if Jones had called the witness. He did not. In fact, Jones’ conviction of robbery on the positive identification of him by the principal victim would be lawful even if the trial had been prompt and the state had elected to proceed without the second witness. Compare this case with Vargas v. State, Fla.App.1971, 252 So.2d 586, in which a defense witness was allegedly unavailable as a consequence of state delay. See also Dickey v. Florida, 1970, 398 U.S. 30, 90 S.Ct. 1564, 26 L.Ed.2d 26.
Petition for rehearing denied.
REED, C. J., and OWEN, J., concur.
MANN, ROBERT T., Associate Judge.
Jones was not tried promptly, but there is no error in the record. Jones’ claim that he was prejudiced because one witness to the robbery was unavailable at the time of trial would make sense if Jones had called the witness. He did not. In fact, Jones’ conviction of robbery on the positive identification of him by the principal victim would be lawful even if the trial had been prompt and the state had elected to proceed without the second witness. Compare this case with Vargas v. State, Fla.App.1971, 252 So. 2d 586, in which a defense witness was allegedly unavailable as a consequence of state delay. See also Dickey v. Florida, 1970, 398 U.S. 30, 90 S.Ct. 1564, 26 L.Ed.2d 26.
Petition for rehearing denied.
REED, C. J., and OWEN, J., concur.
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Jones v. State, 260 So. 2d 515 (Fla. 1972)…Certiorari denied. 255 So. 2d 712. ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.…
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Jones v. Louie L. Wainwright, 490 F.2d 1222 (5th Cir. 1974)…ioner was denied his right to a speedy trial as guaranteed by the sixth and fourteenth amendments to the United States Constitution. The state concedes, and the Florida state court has found, that petitioner was not promptly tried. Jones v. Florida, 255 So. 2d 712 (4 DCA), cert, denied, 260 So. 2d 515 (Fla. 1972). The critical issue concerns whether from that denial he suffered prejudice in the form of impairment of his defense.1 Petitioner’s position is that he was seriously prejudiced by the absence at tria…
Authorities Cited
- Dickey v. Florida, 398 U.S. 30 (U.S. 1970)
- Vargas v. State, 252 So. 2d 586 (Fla. 2d DCA 1971)