Florida District Courts of Appeal, 1985

Black v. State

Florida District Courts of Appeal · Decided May 7, 1985 · Hendry, Hubbart, Schwartz

468 So. 2d 457; 10 Fla. L. Weekly 1150; 1985 Fla. App. LEXIS 13861 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Hajal v. State (Fla. Dist. Ct. App. 2004)
Miketa v. Cardonne (Fla. Dist. Ct. App. 1989)
Lasker v. Parker (Fla. Dist. Ct. App. 1987)
Schnaedelbach v. State (Florida Circuit Courts 1987)

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.

This cause is reversed and the appellant discharged upon a finding that the state did not sustain its burden of showing that appellant was not, at the relevant times, available for trial. Non-availability will not be presumed and when a defendant moves for discharge on the basis that the speedy trial time has run, the state must provide better evidence than an assistant state attorney’s “understanding” that a continuance was properly charged to the defendant. Fla.R.Crim.P. 3.191(e).

Reversed with directions.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.