Black v. State
Florida District Courts of Appeal
Black v. State, 468 So. 2d 457 (1985)
10 Fla. L. Weekly 1150; 1985 Fla. App. LEXIS 13861
Hendry, Hubbart, Schwartz
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.
Reference
- Full Case Name
- Frank BLACK v. The STATE of Florida
- Cited By
- 4 cases
- Status
- Published