Summary
affirming an order which, this court's records reflect, granted the defendant's motion for speedy trial discharge, where, after the State filed a no information, the charges were refiled but the defendant was notified of his arraignment only by mail to his last known address and he received no actual notice until after the running of the speedy trial time period
Summary of this case from Wells v. StateOpinion
Case No. 4D03-2247.
Opinion filed June 23, 2004.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Michael G. Kaplan, Judge, L.T. Case No. 03-2256 CF10A.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellant.
Samuel S. Fields of Ruden, McClosky, Smith, Schuster Russell, P.A., Fort Lauderdale, for appellee.
Affirmed. See Fla. R. Crim. P. 3.131(j) (requiring issuance of capias upon filing of information, if person named is neither in custody nor at large on bail); see also § 932.48, Fla. Stat. (2003) (requiring clerk to issue capias upon filing of information); Datema v. Barad, 372 So.2d 193 (Fla. 3d DCA 1979) (stating that nonappearance does not constitute evidence of non-availability for trial where defendant who is not in custody or on bail fails to appear pursuant to written notice rather than service of capias) (citing State ex rel. Barber v. Satin, 296 So.2d 636 (Fla. 3d DCA 1974), and State ex rel. Smith v. Nesbitt, 355 So.2d 202 (Fla. 3d DCA 1978)).
STONE, STEVENSON and HAZOURI, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.