Pannier v. State

Defendant appeals the trial court’s denial of his motion for discharge made pursuant to the speedy trial rule, Fla.R.Crim.P. 3.191. We affirm.

Defense counsel first moved for discharge under the speedy trial rule on October 23, 1989. That motion was denied on *1241grounds defendant had been unavailable for trial under Rule 3.191(e). On December 5, 1989, defense counsel again moved for discharge. The trial judge denied the motion, apparently unaware that the same motion had previously been denied. Ultimately, defendant pleaded nolo contendere to all charges, reserving the right to appeal the speedy…