Wright v. State

Full title: AARON WRIGHT AND OTIS KNIGHT, APPELLANTS, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 14, 1981

396 So. 2d 864 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-594.

April 14, 1981.

Appeal from the Circuit Court, Dade County, Frederick N. Barad, J.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender and Andrew Kassier, Legal Intern, for appellants.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and BASKIN and FERGUSON, JJ.

BASKIN, Judge.

We affirm the trial court's denial of defendants' Motion for Discharge pursuant to Florida Rule of Criminal Procedure 3.191. Defense counsel's request for a continuance for the purpose of affording him additional time to review discovery materials he received several days earlier was properly charged to defendant. See Rubiera v. Dade County, 305 So.2d 161 (Fla. 1974); State ex rel. Gerstein v. Durant, 348 So.2d 405 (Fla. 3d DCA 1977).