Black v. State
468 So. 2d 457, 10 Fla. L. Weekly 1150, 1985 Fla. App. LEXIS 13861
Opinion
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.
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Black v. State, 468 So. 2d 457, 10 Fla. L. Weekly 1150, 1985 Fla. App. LEXIS 13861 (Fla. Ct. App. 1985).
468 So. 2d 457 (Black v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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