State v. Foster

District Court of Appeal of Florida

State v. Foster

505 So. 2d 658, 12 Fla. L. Weekly 1073, 1987 Fla. App. LEXIS 7697

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1987

DocketNo. 85-2717

StatusPublished

Cited by1 cases

This text of 505 So. 2d 658 (State v. Foster) 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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State v. Foster, 505 So. 2d 658, 12 Fla. L. Weekly 1073, 1987 Fla. App. LEXIS 7697 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

We affirm the order discharging defendant on speedy trial grounds. Defendant was not brought to trial within ten days after the hearing on his motion for discharge. See Fla.R.Crim.P. 3.191(i)(4). The state did not timely raise with the trial court, as it was the state’s burden to do, its argument that the hearing had been timely held and that the trial judge should have scheduled the trial within ten days thereafter. See Apolinari v. Ulmer, 483 So.2d 75, 77 (Fla. 2d DCA 1986).

LEHAN, A.C.J., and HALL and SANDERLIN, JJ., concur.

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PER CURIAM.

We affirm the order discharging defendant on speedy trial grounds. Defendant was not brought to trial within ten days after the hearing on his motion for discharge. See Fla.R.Crim.P. 3.191(i)(4). The state did not timely raise with the trial court, as it was the state’s burden to do, its argument that the hearing had been timely held and that the trial judge should have scheduled the trial within ten days thereafter. See Apolinari v. Ulmer, 483 So.2d 75, 77 (Fla. 2d DCA 1986).

LEHAN, A.C.J., and HALL and SANDERLIN, JJ., concur.

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505 So. 2d 658, 12 Fla. L. Weekly 1073, 1987 Fla. App. LEXIS 7697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-foster-fladistctapp-1987.

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