HERBERT LEISEDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERBERT LEISEDER, APPELLANT,
STATE OF FLORIDA, APPELLEE
265 So. 2d 547
Florida District Court of Appeal, Second District (1972)
Caution
Cited by 13 cases
Opinion of the Court
Appellant, Herbert Leiseder, was charged by way of information with embezzlement of state funds. He entered a plea of guilty and was sentenced to one year imprisonment.
Our Order in Leone v. State, Fla.App.1970, 233 So.2d 404, has been complied with and appellant has failed to file any additional matters for this court’s consideration. After an examination of the record and other matters contained in this appeal and no error having been shown, the judgment and sentence is therefore affirmed.
LILES, Acting C. J., and HOBSON and McNULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Alphonso Stuart v. State, 360 So. 2d 406 (Fla. 1978)…accused then must by competent proof establish continuous availability during the term.” In order for the trial court to have based its ruling on this ground, the state would have had to carry this initial burden. State ex rel. Kennedy v. McCauley, 265 So. 2d 547 (Fla.4th DCA 1972). This was not done. Furthermore, there is no indication that the defense could not have proved that petitioner was in fact on telephone stand-by on the 180th day. The concept of continuous availability contemplates readiness to pr…
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State v. Patterson, 279 So. 2d 362 (Fla. 2d DCA 1973)…dence tending to show non-availability of the accused for a trial, the accused then must establish by competent proof his continuous availability during the required period of time; Rule 3.191(e); Cf. State ex rel. Kennedy v. McCauley, Fla.App.1972, 265 So. 2d 547; State v. Sutton, Fla.App.1972, 269 So. 2d 712. At the hearing on the motion to ascertain the availability of relator under Rule 3.191(a)(1), the State produced competent evidence to show that although relator knew he was wanted by the police, and…
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State v. Wise, 336 So. 2d 3 (Fla. 4th DCA 1976)…return to GCI on Friday when he was supposed to”. A reading of Rule 3.191(e) concerning “Availability for Trial” reflects that the burden is placed upon the state to demonstrate a defendant’s nonavailability. See State ex rel. Kennedy v. McCauley, 265 So. 2d 547 (Fla.App.4th 1972). The pertinent portion of the rule provides in part that “The trial of an accused who is not available shall be held in abeyance while such person is unavailable. A person who has not been continuously available for trial during…
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- Leone v. State, 233 So. 2d 404 (Fla. 2d DCA 1970)