State v. Freeman

District Court of Appeal of Florida

State v. Freeman

520 So. 2d 110, 13 Fla. L. Weekly 498, 1988 Fla. App. LEXIS 596, 1988 WL 11353

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 1988

DocketNo. 87-1582

StatusPublished

Cited by2 cases

This text of 520 So. 2d 110 (State v. Freeman) 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. Freeman, 520 So. 2d 110, 13 Fla. L. Weekly 498, 1988 Fla. App. LEXIS 596, 1988 WL 11353 (Fla. Ct. App. 1988).

Pincite

Opinions

PER CURIAM.

The state appeals the trial court’s order discharging the defendant, Robert Freeman, pursuant to the speedy trial rule, Florida Rule of Criminal Procedure 3.191. We have jurisdiction under Florida Rule of Appellate Procedure 9.140(c)(1)(E).

The defendant was taken into custody on November 8, 1986. On May 20, 1987, he filed a motion to discharge. On the following day the state filed an information charging the defendant with aggravated battery. The defendant had not moved for a continuance or in any way waived his right to a speedy trial. See State v. Vukojevich, 392 So.2d 297 (Fla. 2d DCA 1980).

The trial court heard the motion as required by subsection (i)(4) of the speedy trial rule but, because of a crowded docket, was unable to set the trial within the “window” period allowed by that subsection. Therefore, the defendant’s right to a speedy trial was violated, and he was entitled to discharge. See Sherrod v. Franza, 427 So.2d 161 (Fla.1983).

Affirmed.

[111]*111SCHEB, A.C.J., and RYDER, J., concur. PARKER, J., specially concurs.

Free access — add to your briefcase to read the full text and ask questions with AI