State v. Coleman

District Court of Appeal of Florida

State v. Coleman

457 So. 2d 560, 9 Fla. L. Weekly 2163, 1984 Fla. App. LEXIS 15368

CourtDistrict Court of Appeal of Florida

DecidedOctober 10, 1984

DocketNo. 83-2161

StatusPublished

This text of 457 So. 2d 560 (State v. Coleman) 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

State v. Coleman, 457 So. 2d 560, 9 Fla. L. Weekly 2163, 1984 Fla. App. LEXIS 15368 (Fla. Ct. App. 1984).

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Opinion

ANSTEAD, Chief Judge.

This is an appeal by the state of an order discharging Coleman, pursuant to the speedy trial rule, Florida Rule of Criminal Procedure 3.191. This court’s jurisdiction is based on Florida Rule of Appellate Procedure 9.140(c)(1)(E).

Coleman was arrested on February 24, 1983. He and four codefendants were charged under count I of an amended multiple-count information with trafficking in cannabis; the other counts did not involve Coleman. Trial was originally set for June 6, 1983 for Coleman alone, but reset for all defendants for July 8, 1983. At the unreported July 8 trial call, the codefendants requested a continuance which was agreed to by the state but strongly objected to by Coleman. Coleman also requested severance. The court reset the trial for October 3, 1983 and tolled speedy trial as to Coleman until that date.

On September 8, 1983, Coleman moved for discharge on speedy trial violations grounds and that motion was granted.

We believe that disposition of this case is governed by our decision in State v. Littlefield, 457 So.2d 558 (Fla.1984), Fourth District Court of Appeal Case No. 83-1987, [561]*561opinion issued this same date. On the authority of Littlefield we affirm.

DOWNEY, J., concurs. DELL, J., dissents without opinion.

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ANSTEAD, Chief Judge.

This is an appeal by the state of an order discharging Coleman, pursuant to the speedy trial rule, Florida Rule of Criminal Procedure 3.191. This court’s jurisdiction is based on Florida Rule of Appellate Procedure 9.140(c)(1)(E).

Coleman was arrested on February 24, 1983. He and four codefendants were charged under count I of an amended multiple-count information with trafficking in cannabis; the other counts did not involve Coleman. Trial was originally set for June 6, 1983 for Coleman alone, but reset for all defendants for July 8, 1983. At the unreported July 8 trial call, the codefendants requested a continuance which was agreed to by the state but strongly objected to by Coleman. Coleman also requested severance. The court reset the trial for October 3, 1983 and tolled speedy trial as to Coleman until that date.

On September 8, 1983, Coleman moved for discharge on speedy trial violations grounds and that motion was granted.

We believe that disposition of this case is governed by our decision in State v. Littlefield, 457 So.2d 558 (Fla.1984), Fourth District Court of Appeal Case No. 83-1987, [561]*561opinion issued this same date. On the authority of Littlefield we affirm.

DOWNEY, J., concurs. DELL, J., dissents without opinion.

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Bluebook (online)

457 So. 2d 560, 9 Fla. L. Weekly 2163, 1984 Fla. App. LEXIS 15368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-fladistctapp-1984.

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