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State v. Williams

District Court of Appeal of Florida, Second District
Nov 14, 1986
497 So. 2d 730 (Fla. Dist. Ct. App. 1986)

Opinion

Nos. 85-787 to 85-791.

November 14, 1986.

Appeal from the Circuit Court for Hillsborough County; Guy W. Spicola, Judge.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Tampa, for appellee.


The state appeals an order granting a motion for discharge under the speedy trial rule. We affirm.

"Where material discovery is furnished at a time which will not enable the defendant to make use of it in the preparation of his defense before the expiration of the speedy trial time limits, the court may properly continue the case to a date beyond those limits, charge the continuance to the State, and thereafter grant the defendant's motion for discharge based on the speedy trial rule violation." State v. Del Gaudio, 445 So.2d 605, 611 (Fla.3d DCA 1984). The trial court's order essentially followed that Del Gaudio principle. We cannot conclude that the trial court erred.

Affirmed.

CAMPBELL, A.C.J., and LEHAN and FRANK, JJ., concur.


Summaries of

State v. Williams

District Court of Appeal of Florida, Second District
Nov 14, 1986
497 So. 2d 730 (Fla. Dist. Ct. App. 1986)
Case details for

State v. Williams

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. KENNETH LEE WILLIAMS, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 14, 1986

Citations

497 So. 2d 730 (Fla. Dist. Ct. App. 1986)

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