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Black v. State

District Court of Appeal of Florida, Third District
May 7, 1985
468 So. 2d 457 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-2440.

May 7, 1985.

Appeal from the Circuit Court, Dade County, Michael H. Salmon, J.

Bennett H. Brummer, Public Defender, and George T. Pallas, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard I. Polin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.


This cause is reversed and the appellant discharged upon a finding that the state did not sustain its burden of showing that appellant was not, at the relevant times, available for trial. Non-availability will not be presumed and when a defendant moves for discharge on the basis that the speedy trial time has run, the state must provide better evidence than an assistant state attorney's "understanding" that a continuance was properly charged to the defendant. Fla.R.Crim.P. 3.191(e).

Reversed with directions.


Summaries of

Black v. State

District Court of Appeal of Florida, Third District
May 7, 1985
468 So. 2d 457 (Fla. Dist. Ct. App. 1985)
Case details for

Black v. State

Case Details

Full title:FRANK BLACK, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 7, 1985

Citations

468 So. 2d 457 (Fla. Dist. Ct. App. 1985)

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