Florida District Courts of Appeal, 1986

Hernandez v. State

Hernandez v. State
Florida District Courts of Appeal · Decided October 10, 1986 · Ryder, Sanderlin, Schoonover
495 So. 2d 890; 11 Fla. L. Weekly 2178; 1986 Fla. App. LEXIS 10145 (Southern Reporter, Second Series)

Hernandez v. State

Opinion of the Court

PER CURIAM.

Affirmed. See State v. Ryder, 449 So.2d 398 (Fla. 2d DCA 1984) and Etheridge v. State, 415 So.2d 864 (Fla. 2d DCA 1982).

RYDER, A.C.J., and SANDERLIN, J., concur. SCHOONOVER, J., concurs specially.

Concurring Opinion

SCHOONOVER, Judge,

Concurring Specially.

I agree that the state presented sufficient evidence to convict the appellant. Because the appellant’s argument concerning the application of the speedy trial rule is controlled by our decision in Ryder, I also agree that the trial court did not err in denying appellant’s motion for discharge. Were we not bound by that decision, however, I would reverse for the reasons set forth in my dissent in Ryder.

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