Gonzalez v. State

NIMMONS, Judge.

This is a certiorari proceeding to review the Jackson County Circuit Court’s affirmance of a county court order denying a motion to dismiss a DUI charge on speedy trial grounds. We grant the certiorari petition.

The trial court denied the motion to dismiss, the court basing its ruling on the defendant’s “unavailability for trial.” Fla. R.Cr.P. 3.191(d)(3) provides that a defendant’s “unavailability for trial” is a proper basis upon which to deny a motion for discharge under the Speedy Trial Rule. Under Rule 3.191(e), a defendant is unavailable for trial if the defendant or his…