Gaskins v. State

ROBERT P. SMITH, Jr., Chief Judge.

By this appeal Gaskins asserts that his Rule 3.191 right to a speedy trial was violated when his Leon County trial was continued from a date within the 180-day period to a date beyond it. Fla.R. Crim.P. 3.191. That Gaskins was incarcerated in Calhoun County on other charges, at the time of his originally scheduled trial, cannot of itself have justified an extension of the prescribed period for trial, for ordinarily the duty to produce an incarcerated defendant for trial is the State’s. E.g., Lee v. State, (Fla. 2d DCA 1983) [8 FLW 1151]. Yet Gaskins’…