State v. McCoy

SCHULZ, GEORGE E. (Ret.), Associate Judge.

The State of Florida brings this appeal, seeking review of an order of the trial court dismissing the cause and discharging the defendant for failure of the State to comply with the speedy trial rule. Florida Rules of Criminal Procedure 3.191.

The pivotal question determinative of this appeal is whether or not, under the facts of this case, the defendant was continuously available for trial within the meaning of Florida Rules of Criminal Procedure 3.191(e). We find he was not, and reverse.

The defendant was arrested on December 16, 1977 and was to be…