McMullen v. State

As in State ex rel. Kennedy v. McCauley, Fla.App. 4th 1972, 265 So.2d 547, the only issue sub judice is whether appellant was continuously available for trial between his initial arrest and the time that he filed his Motion for Discharge pursuant to Rule 3.191, RCrP. In my view that case is controlling and appellant clearly established his continuous availability. The State contends that it adduced sufficient evidence to constitute a prima facie showing that the accused made himself unavailable for trial by failing to respond to a notice of arraignment allegedly regularly mailed to him. In my…