Florida Circuit Courts, 1988

State v. Aradi

Florida Circuit Courts · Decided February 1, 1988 · Henderson, Nadler, Salmon

26 Fla. Supp. 2d 159

Counsel

APPEARANCES OF COUNSEL, Robert A. Butterworth, Attorney General, and Yvette Rhodes Prescott, Assistant Attorney General, for appellant., Sheldon Schwartz and Laura B. Sayet for appellee.

Opinion of the Court

OPINION OF THE COURT

SALMON, J.

The State is not responsible to produce state witnesses subpoenaed *160by the defense for discovery purposes. State v. Del Guadio, 445 So.2d 605 (Fla. 3d DCA 1984). The requests for continuance made by Appellee, therefor, made him unavailable for trial within the meaning of the speedy trial rule. He should not have been discharged. Fla. R. Crim. P. 3.191(d)(3).

Reversed and remanded for trial.

HENDERSON and NADLER, JJ., concur.

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