Dimillo v. State

OPINION OF THE COURT

CARISLE, J.

This case presents two issues:

1

*47Whether Dimillo’s absence from a calendar call amounted to unavailability for trial, pursuant to Rule 3.191(e) Rules of Criminal Procedure; and

2

the effectiveness of a waiver of speedy trial executed to avoid the issuance of a capias for non attendance at a calendar call.

The record before us does not reflect any order of the trial court requiring the presence of defendants at calendar call. Calendar call is generally considered a proceeding before the court, usually on a Friday, wherein the court reviews with counsel their…