Embry v. State

WALDEN, Judge.

This is an appeal from a conviction for possession of over five grams of marijuana. We reverse and direct the discharge of appellant.

The dispositive point concerns the trial court action in striking the defendant’s demand for a speedy trial sua sponte without hearing.

Narrowly portraying the facts from a review of the record, we find the defendant filed a proper demand for speedy trial on August 3, 1973, under Rule 3.191(a) (2), F.R.Cr.P. Eleven days later on August 14, 1973, he filed a motion to suppress certain items of evidence. On the very next day, August 15, 1973, the trial…