Legal Opinion
McKenzie v. State
District Court of Appeal of Florida
Decided December 12, 1979No. Nos. 78-1851, 78-1921PublishedCited by 1 opinion
1Opinion of the Court
OTT, Judge.
Appellant appeals his conviction for burglary of a dwelling and arson, and contends that it was error for the trial court to deny his motion for discharge pursuant to Florida Rules of Criminal Procedure 3.191. We agree that appellant should have been discharged and reverse.
A private residence was burglarized and set fire to on September 24, 1977. Appellant was arrested for the burglary on February 24, and for the arson on March 9, 1978.
At the hearing on appellant’s motion for discharge the court considered an affidavit filed by the state on November 10, 1977 which alleged that…
2Cases cited8 opinions
- State Ex Rel. Butler v. CullenSupreme Court of Florida · 1971
- Rubiera v. Dade County Ex Rel. BenitezSupreme Court of Florida · 1974
- Eastwood v. HallDistrict Court of Appeal of Florida · 1972
- Robinson v. LasherDistrict Court of Appeal of Florida · 1979
- State v. ThaddiesDistrict Court of Appeal of Florida · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. McCreryDistrict Court of Appeal of Florida · 1983