Black v. State
Black v. State
468 So. 2d 457; 10 Fla. L. Weekly 1150; 1985 Fla. App. LEXIS 13861
(Southern Reporter, Second Series)
Black v. State
Opinion of the Court
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.