L.H. v. State

District Court of Appeal of Florida

L.H. v. State

455 So. 2d 1320, 1984 Fla. App. LEXIS 15098

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 1984

DocketNo. 83-850

StatusPublished

Cited by1 cases

This text of 455 So. 2d 1320 (L.H. 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.

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L.H. v. State, 455 So. 2d 1320, 1984 Fla. App. LEXIS 15098 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Finding that the state failed to meet its burden of demonstrating that the juvenile was unavailable for trial, we reverse on the authority of V.C. v. Ferguson, 422 So.2d 861 (Fla.3d DCA 1982), aff'd, 427 So.2d 722 (Fla.1983); State ex rel. Smith v. Nesbitt, 355 So.2d 202 (Fla.3d DCA 1978). The record discloses that the juvenile was not served with notice to appear on the date that the trial judge extended the speedy trial time. Fla.R.Crim.P. 3.191.

Reversed and remanded with directions to discharge appellant.

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PER CURIAM.

Finding that the state failed to meet its burden of demonstrating that the juvenile was unavailable for trial, we reverse on the authority of V.C. v. Ferguson, 422 So.2d 861 (Fla.3d DCA 1982), aff'd, 427 So.2d 722 (Fla.1983); State ex rel. Smith v. Nesbitt, 355 So.2d 202 (Fla.3d DCA 1978). The record discloses that the juvenile was not served with notice to appear on the date that the trial judge extended the speedy trial time. Fla.R.Crim.P. 3.191.

Reversed and remanded with directions to discharge appellant.

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455 So. 2d 1320, 1984 Fla. App. LEXIS 15098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lh-v-state-fladistctapp-1984.

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