Florida District Courts of Appeal, 1971

Jones v. State

Florida District Courts of Appeal · Decided July 20, 1971 · Mann, Owen, Reed, Robert

255 So. 2d 712; 1971 Fla. App. LEXIS 5654 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision. The 1 that cite it most often are listed here.

Jones v. Wainwright (5th Cir. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Affirmed.

070rehearing

ON PETITION FOR REHEARING

MANN, ROBERT T., Associate Judge.

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.

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