Jay v. State

HENDRY, Judge.

Milton Jay, defendant below, appeals from his conviction of grand theft, second degree and carrying a concealed firearm. We reverse on the basis of the violation of Rule 3.191(d)(3), Florida Rules of Criminal Procedure.

Appellant was arrested on March 6,1981, and charged by information with carrying a concealed firearm and unlawful possession of a firearm by a convicted felon. On May 26, 1981, appellant announced ready for trial but the trial court, on its own motion, continued the trial because appellant only recently retained private counsel and because the name of a defense…