Florida Circuit Courts, 1990

State v. Billie

Florida Circuit Courts · Decided December 5, 1990

45 Fla. Supp. 2d 34

Counsel

APPEARANCES OF COUNSEL, Robert A. Butterworth, Attorney General, and Jorge Espinosa, Assistant Attorney General, for appellant., Law Offices of Maria Brea Lipinski and John H. Lipinski, for appellee.

Opinion of the Court

OPINION OF THE COURT

PER CURIAM.

A motion for discharge was granted for failure to bring the defendant/appellee to trial timely pursuant to Florida Rule of Criminal Procedure 3.191.

We reverse because a defense requested continuance was improperly *35charged to the State [Rule 3.191(d)(3)]. See State v Brown, 527 So.2d 209 (Fla. 3 DCA 1988).

Because we have reversed for the reasons set forth above, we need not address the other point raised in this appeal.

Reversed and remanded for further proceedings.

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