Legal Opinion · Dissent

State v. T.G.

District Court of Appeal of Florida

Decided September 17, 2008No. 3D07-2633Published

1DissentCortinas, J.

I respectfully dissent and would reverse because: (1) T.G.’s right to a speedy trial was not violated under State v. Naveira, 873 So.2d 300 (Fla.2004) and State v. Gilliam, 884 So.2d 128 (Fla. 2d DCA 2004); and (2) the lower court abused its discretion by resorting to the extreme sanction of dismissal without considering lesser alternative remedies for the State’s alleged discovery violation.

In Naveira, the Florida Supreme Court held that a defendant’s right to a speedy trial was not violated where: (1) the defendant invoked the speedy trial rule; (2) trial was scheduled within the rule’s…

2Cases cited13 opinions

  1. Richardson v. StateSupreme Court of Florida · 1971
  2. State v. Del GaudioDistrict Court of Appeal of Florida · 1984
  3. State v. NaveiraSupreme Court of Florida · 2004
  4. State v. GuzmanDistrict Court of Appeal of Florida · 1997
  5. State v. LoweDistrict Court of Appeal of Florida · 1981

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