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Black v. State

468 So. 2d 457, 10 Fla. L. Weekly 1150, 1985 Fla. App. LEXIS 13861
CourtDistrict Court of Appeal of Florida
DecidedMay 7, 1985
DocketNo. 83-2440
StatusPublished
Cited by4 cases

This text of 468 So. 2d 457 (Black v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. State, 468 So. 2d 457, 10 Fla. L. Weekly 1150, 1985 Fla. App. LEXIS 13861 (Fla. Ct. App. 1985).

Opinion

PER CURIAM.

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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Related

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864 So. 2d 1167 (District Court of Appeal of Florida, 2004)
Miketa v. Cardonne
549 So. 2d 1158 (District Court of Appeal of Florida, 1989)
Lasker v. Parker
513 So. 2d 1374 (District Court of Appeal of Florida, 1987)
Schnaedelbach v. State
25 Fla. Supp. 2d 141 (Florida Circuit Courts, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
468 So. 2d 457, 10 Fla. L. Weekly 1150, 1985 Fla. App. LEXIS 13861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-state-fladistctapp-1985.