Weaver v. State

Florida Circuit Courts

Weaver v. State

41 Fla. Supp. 2d 21

CourtCircuit Court for the Judicial Circuits of Florida

DecidedJanuary 18, 1990

DocketCase No. 88-6685-AC-A

StatusPublished

This text of 41 Fla. Supp. 2d 21 (Weaver v. State) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weaver v. State, 41 Fla. Supp. 2d 21 (Fla. Super. Ct. 1990).

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Opinion

OPINION OF THE COURT

PER CURIAM.

The Defendant, Appellant, timely moved for discharge for failure of the State of Florida to bring the Defendant to trial within ninety (90) days from the date the Defendant was charged by Information with the [22]*22misdemeanor of Battery. The Trial Court denied the Motion. Defendant entered a Plea of Nolo Contendere, and announced his intention to appeal. The Trial Court adjudicated Defendant guilty and suspended a sentence of incarceration pending this appeal.

Under the facts of this case, the time within which the State could bring the Defendant to trial expired on November 6, 1989 without a trial. The State made no showing of excuse for such delay. Fla.R.Civ. P. 3.191(a) and (d)(3).

The judgment of the Trial Court is reversed and the Defendant is ordered to be discharged. This cause is remanded for action in accordance with this Opinion.

Judges Edward M. Johnson, Jere E. Lober and John Dean Moxley, Jr., concur.

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OPINION OF THE COURT

PER CURIAM.

The Defendant, Appellant, timely moved for discharge for failure of the State of Florida to bring the Defendant to trial within ninety (90) days from the date the Defendant was charged by Information with the [22]*22misdemeanor of Battery. The Trial Court denied the Motion. Defendant entered a Plea of Nolo Contendere, and announced his intention to appeal. The Trial Court adjudicated Defendant guilty and suspended a sentence of incarceration pending this appeal.

Under the facts of this case, the time within which the State could bring the Defendant to trial expired on November 6, 1989 without a trial. The State made no showing of excuse for such delay. Fla.R.Civ. P. 3.191(a) and (d)(3).

The judgment of the Trial Court is reversed and the Defendant is ordered to be discharged. This cause is remanded for action in accordance with this Opinion.

Judges Edward M. Johnson, Jere E. Lober and John Dean Moxley, Jr., concur.

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Bluebook (online)

41 Fla. Supp. 2d 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-state-flacirct-1990.