From Casetext: Smarter Legal Research

Humphrey v. State

District Court of Appeal of Florida, Fourth District
Apr 25, 1979
369 So. 2d 1032 (Fla. Dist. Ct. App. 1979)

Opinion

No. 77-2146.

April 25, 1979.

Appeal from Circuit Court, Broward County; Hort Soper, Judge.

Richard L. Jorandby, Public Defender, West Palm Beach, and Martin H. Colin, Lake Worth, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant pleaded nolo contendere to a charge of grand larceny, reserving his appellate rights to review an order denying his motion for discharge under the speedy trial rule.

Appellant's contention that the speedy trial time had expired is correct unless he was granted a continuance during the period of time in question. We relinquished jurisdiction so that the trial court could make that determination. We now have the trial court's order in which he found during an evidentiary hearing that appellant's counsel, an assistant public defender, was going to be on vacation July 13, 1977, and thus requested a continuance of the trial which had been set.

Accordingly, we think the record is now adequate to support the denial of the appellant's motion for discharge and we affirm the judgment appealed from.

AFFIRMED.

DOWNEY, C.J., and LETTS and BERANEK, JJ., concur.


Summaries of

Humphrey v. State

District Court of Appeal of Florida, Fourth District
Apr 25, 1979
369 So. 2d 1032 (Fla. Dist. Ct. App. 1979)
Case details for

Humphrey v. State

Case Details

Full title:EDWARD HUMPHREY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 25, 1979

Citations

369 So. 2d 1032 (Fla. Dist. Ct. App. 1979)

Citing Cases

State v. Oppert

As a consequence if the Supreme Court ruling in Coppola v. State, 337 So.2d 779 (Fla. 1976) is still the law,…