Legal Opinion

State v. Burch

Circuit Court for the Judicial Circuits of Florida

Decided April 21, 1989No. Case No. 87-7-AP (County Court Case No. 87-30823-MM)Published

1Opinion of the Court

OPINION OF THE COURT

A. C. SOUD, JR., Circuit Judge.

FACTS

Defendant/Appellee was arrested on July 30 or 31, 1986, was charged by information with the crime of DUI and executed a waiver of speedy trial. The State elected not to prosecute the case on two occasions, after jury selection but before the swearing in, due to the unavailability of the same State’s witness, and moved for continuances. *37Subsequently, in June, 1987, the State chose to nol pros the case rather than proceed to trial after the trial court denied the State’s second request for continuance. On July 17, 1987, the State filed a…

2Cases cited18 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  3. Dillingham v. United StatesSupreme Court of the United States · 1975
  4. Mercer v. RaineSupreme Court of Florida · 1983
  5. Butterworth in and for Broward Cty. v. FluellenSupreme Court of Florida · 1980

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