State v. MacIver

District Court of Appeal of Florida

State v. MacIver

408 So. 2d 835, 1982 Fla. App. LEXIS 18997

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 1982

DocketNo. 81-338

StatusPublished

This text of 408 So. 2d 835 (State v. MacIver) 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. MacIver, 408 So. 2d 835, 1982 Fla. App. LEXIS 18997 (Fla. Ct. App. 1982).

Pincite

Opinion

OPINION ON REHEARING

PER CURIAM.

In a previous opinion we reversed the trial court’s order discharging the appellee under the speedy trial rule. Our decision was based, at least in part, on the obviously inadvertent but mistaken assertion in ap-pellee’s brief that the appellee was arrested on December 19, 1980, and charged on December 20, 1980. Although the record is not entirely clear on this point the parties appear now to be in agreement that appellee was arrested on December 19, 1979. Based on that date of arrest we believe the trial court was correct in concluding that the appellee was entitled to be discharged. See Lewis v. State, 357 So.2d 725 (Fla.1978).

The petition for rehearing is granted, our opinion of October 28, 1981 is withdrawn, and the order of the trial court is hereby affirmed.

DOWNEY, ANSTEAD and HURLEY, JJ., concur.

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

OPINION ON REHEARING

PER CURIAM.

In a previous opinion we reversed the trial court’s order discharging the appellee under the speedy trial rule. Our decision was based, at least in part, on the obviously inadvertent but mistaken assertion in ap-pellee’s brief that the appellee was arrested on December 19, 1980, and charged on December 20, 1980. Although the record is not entirely clear on this point the parties appear now to be in agreement that appellee was arrested on December 19, 1979. Based on that date of arrest we believe the trial court was correct in concluding that the appellee was entitled to be discharged. See Lewis v. State, 357 So.2d 725 (Fla.1978).

The petition for rehearing is granted, our opinion of October 28, 1981 is withdrawn, and the order of the trial court is hereby affirmed.

DOWNEY, ANSTEAD and HURLEY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

408 So. 2d 835, 1982 Fla. App. LEXIS 18997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maciver-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack