Legal Opinion · Dissent

Gonzalez v. State

District Court of Appeal of Florida

Decided May 4, 2005No. 3D04-694Published

1DissentSchwartz, Senior Judge

In accordance with my concurring opinion in Beckham v. State, 397 So.2d 449, 451 (Fla. 3d DCA 1981), which the court is kind enough to characterize as “very persuasive,” op. at 210 n. 2, but which seems in fact to have persuaded no one but the very learned trial judge and me, I believe that the judgment below should be affirmed. As that opinion states (a) the federal district court’s order has no binding effect upon the proceeding in the circuit court;3 and (b) in part because of this, the state’s speedy trial rule did not come into play in this case, at least not until the circuit court set…

2Cases cited7 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Brown v. StateSupreme Court of Florida · 1987
  3. State v. BivonaSupreme Court of Florida · 1986
  4. State v. JenkinsDistrict Court of Appeal of Florida · 2005
  5. Beckham v. StateDistrict Court of Appeal of Florida · 1981

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