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457 So. 2d 1144

Docket No. 83-961.

Garnett v. State

Errol GARNETT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 23, 1984.

District Court of Appeal of Florida · decided 1984-10-23

Key passage — most relied on by later courts

“an unexcused absence at any single required appearance precludes the defendant's reliance on Rule 3.191.”

quoted by 1 later decision, including 492 So. 2d 772 - Walker v. State

Relies on 436 So. 2d 93 - Combs v. State · 419 So. 2d 1194 - Thomas v. Ratiner · 427 So. 2d 161 - Sherrod v. Franza

Good law ✅— No negative treatment on recordhow we know

Decided 1984-10-23

How this case has been cited

Cited by 5 later decisions — most recently May 2009

5 state decisions

20198419902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*1145 Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., and Renee E. Ruska, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.

¶4SCHWARTZ, Chief Judge.

¶5We reject the defendant's claim that he was entitled to discharge under the speedy trial rule, Fla.R.Crim.P. 3.191. Garnett did not appear on the date scheduled for trial. Although his absence was caused by his incarceration in the Palm Beach county jail at the time, this did not render him "available for trial" under Rule 3.191(e) because the state and the lower court had no notice that this was the case. Singleton v. Gross,436 So.2d 132 (Fla. 3d DCA 1983), rev. denied, 436 So.2d 100 (Fla. 1983) so holds. Accord, State v. Kerwin,449 So.2d 355 (Fla. 1st DCA 1984). The fact that the prosecution subsequently became aware of the defendant's whereabouts before the 180-day period expired does not, contrary to the appellant's contention, require the application of the converse principle that a defendant is not deemed unavailable when his incarceration in another county is known to the authorities. Robbins v. State,453 So.2d 877 (Fla. 2d DCA 1984); see generally, e.g., Holmes v. Leffler,411 So.2d 889 (Fla. 5th DCA 1982), pet. for rev. denied, 419 So.2d 1200 (Fla. 1982). This is because the rule requires that the defendant be "continuously" available so that an unexcused absence at any single required appearance precludes the defendant's reliance on Rule 3.191. See Sherrod v. Franza,427 So.2d 161 (Fla. 1983); Harris v. State,400 So.2d 819 (Fla. 5th DCA 1981). Since Garnett's non-appearance for trial was unexcused under Singleton, the trial court properly concluded that he could not prevail.

¶6Affirmed.

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