Diaz v. State

OPINION OF THE COURT

MASTOS, T.G., Judge.

The issue on appeal concerns whether the trial court erred in denying the defendant’s Motion to Discharge for a speedy trial violation. Because we are of the opinion that the trial court improperly *186charged the defendant with a continuance for his unavailability at trial due to his incarceration in the Dade County Jail on the morning of trial, the order denying defendant’s Motion to Discharge must be reversed and the defendant hereby forever discharged for prosecution.

It is well established that when a defendant is incarcerated at the time of trial, such…