ROY ALLEN WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Upon review of the briefs, record on appeal and oral argument we are of the opinion that the factual circumstances reflect that the state failed to accord defendant a speedy trial thereby entitling him to a discharge as a matter of right. See Rule 3.191(a)(1). Fla.R.Crim.P, More than 180 days had elapsed since defendant was taken into custody as a result of the conduct of the criminal episode giving rise to the crime charged. Boatman v. State, 306 So. 2d 592 (Fla.2d DCA 1975); Benton v. State, 307 So. 2d 198 (Fla.2d DCA 1975). See also State v. Benton, Fla.Sup.Ct., 337 So. 2d 797, opinion filed Sept. 16, 1976. Moreover, the speedy trial period had run before any discovery demands had been made so that the efficacy of such discovery need not have been considered in so far as any question of “waiver” is concerned. Rubiera v. Dade County ex rel. Benitez, 305 So. 2d 161 (Fla. 1974). Accordingly, the judgment and sentence appealed from is reversed with direction that appellant be released and forever discharged from further response to the charges herein.
REVERSED, with directions.
MAGER, C. J., CROSS, J., and SMITH, LARRY G., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Nelson, 26 So. 3d 570 (Fla. 2010)…a defense continuance taken after the expiration of the period was considered a “nullity” because the defendant was entitled to automatic discharge based on the trial court’s lack of jurisdiction over the proceeding. For example, in White v. State, 338 So. 2d 256 (Fla. 4th DCA 1976), the district court held that it was unnecessary to consider waiver where discovery was commenced after the speedy trial period expired. See id. at 256. In Llanusa v. Glickstein, 376 So. 2d 45 (Fla. 4th DCA 1979), the Fourth Dist…
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Muller v. State, 387 So. 2d 1037 (Fla. 3d DCA 1980)…enial of discharge. The motion for continuance, however, was made five days after the speedy trial time had run. Such a motion does not affect Muller’s right to discharge. Llanusa v. Glickstein, 376 So. 2d 45 (Fla. 4th DCA 1979). Cf. White v. State, 338 So. 2d 256 (Fla. 4th DCA 1976) (defendant’s discovery demands made after speedy trial period has run do not constitute a waiver); Hammock v. State, 330 So. 2d 522 (Fla. 1st DCA 1976) (a demonstration of unpreparedness for trial developed after the 180-day peri…
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Ballard v. Honorable Frank N. Kaney, 397 So. 2d 1042 (Fla. 5th DCA 1981)…riod has run the right of the accused to discharge is not affected by acts which might have earlier constituted a waiver.- Muller v. State, 387 So. 2d 1037 (Fla. 3d DCA 1980); Llanusa v. Glickstein, 376 So. 2d 45 (Fla. 4th DCA 1979); White v. State, 338 So. 2d 256 (Fla. 4th DCA 1976); Hammock v. State, 330 So. 2d 522 (Fla. 1st DCA 1976). Davis v. State, 386 So. 2d 1287 (Fla. 3d DCA 1980), and State ex rel. Wilhoit v. Wells, 356 So. 2d 817 (Fla. 1st DCA 1978), cited by respondent, are distinguishable because…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Honorable C. P. Rubiera v. Dade Cnty., 305 So. 2d 161 (Fla. 1974)
- State v. Benton, 337 So. 2d 797 (Fla. 1976)
- Gaylon E. Boatman v. State, 306 So. 2d 592 (Fla. 2d DCA 1975)
- Benton v. State, 307 So. 2d 198 (Fla. 2d DCA 1975)