¶1We affirm the order discharging defendant on speedy trial grounds. Defendant was not brought to trial within ten days after the hearing on his motion for discharge. See Fla.R.Crim.P. 3.191(i)(4). The state did not timely raise with the trial court, as it was the state’s burden to do, its argument that the hearing had been timely held and that the trial judge should have scheduled the trial within ten days thereafter. See Apolinari v. Ulmer, 483 So.2d 75, 77 (Fla. 2d DCA 1986).
505 So. 2d 658
505 So.2d 658
12 Fla.L.Weekly 1073
State v. Foster
District Court of Appeal of Florida
Decided April 15, 1987
District Court of Appeal of Florida · decided 1987-04-15
Cited by 1 later decisions — most recently March 1993
1 state decisions
Relies on 483 So. 2d 75 - Apolinari v. Ulmer
Good law ✅— No negative treatment on recordhow we know
Decided 1987-04-15
View the full empirical analysis of this case →