CITY OF FORT MYERS ET AL., PETITIONERS,

v.

MARTIN G. GUNDERSEN, RESPONDENT

Citator

Cited By

• Salzero v. State, 697 So. 2d 553 (Fla. 3d DCA 1997)
  …nt that a defendant be discharged if the defendant alleges and proves prejudice. However, only our supreme court can amend the rule, not this court or the other district courts.4 State v. [*555] Bryant, 276 So. 2d 184, 186 (Fla. 1st DCA), dismissed, 280 So. 2d 683 (Fla.1973). If the rule needs to be changed, it should be done properly and not on an ad hoc basis. We return now to the language of rule 3.191(p)(3) that requires for discharge that the delay beyond the ten-day period be “through no fault of the d…
• McCRAW v. State, 330 So. 2d 48 (Fla. 1st DCA 1976)
  …McCraw was unavailable for trial are therefore excluded in calculation of the 180-day period in which, pursuant to Rule 3.191, R.Cr.P., the State was obliged to bring the accused to trial. State v. Bryant, 276 So. 2d 184 (Fla.App. 1st, 1973), dism, 280 So. 2d 683 (Fla.1973). At his February 4 arraignment McCraw pleaded not guilty and the trial was set for April 2. Not until March 19 did his counsel give notice of intent to rely upon an insanity defense. That notice was untimely, although not fatally so. Rul…

Authorities Cited

• Gundersen v. City OF Fort Myers, 276 So. 2d 529 (Fla. 2d DCA 1973)