Bradley v. State, P--302

Decision Date17 August 1972
Docket NumberNo. P--302,P--302
Citation265 So.2d 532
PartiesJames BRADLEY, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Richard D. Bertone, of Wagner & Bertone, Holly Hill, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

JOHNSON, Judge.

This is an appeal from a judgment pursuant to a jury verdict.

The points raised by appellant are (1) does defendant have a right to preliminary hearing and (2) does defendant and his counsel have a reasonable period of time to prepare for trial after arraignment.

The facts are that the defendant was charged by an information. The Supreme Court of Florida, as well as this Court, has held that a probable cause having been found by the filing of the information, the purpose of a preliminary hearing has been met. 1

The defendant had filed at least two motions to advance the cause, and the trial court took the defendant and his counsel at their words, and set the trial for two days after arraignment and within about four to six weeks after the filing of the information. The defendant's counsel should not have asked for a speedy trial if he was not ready to go to trial.

We see no error in this cause and the judgment and sentence are hereby affirmed.

SPECTOR, C.J., and WIGGINTON, J., concur.

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3 cases
  • Pugh v. Rainwater
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 3, 1973
    ...is absent or unable to act, before the nearest or most accessible magistrate in the same county." (Emphasis added). 4 Bradley v. State, 265 So.2d 532 (Fla.App. 1972), cert. denied, 411 U.S. 916, 93 S.Ct. 1543, 36 L.Ed.2d 307; Anderson v. State, 241 So.2d 390 (Fla.1970); Sangaree v. Hamlin, ......
  • Cameron v. State, 73--187
    • United States
    • Florida District Court of Appeals
    • February 1, 1974
    ...Fla.App.1971, 250 So.2d 657, aff'd Fla.1972, 261 So.2d 175; State ex rel. Hardy v. Blount, Fla.1972, 261 So.2d 172; Bradley v. State, Fla.App.1972, 265 So.2d 532; Sangaree v. Hamlin, Fla.1970, 235 So.2d 729; State v. Hernandez, Fla.1968, 217 So.2d 109; Palmieri v. State, Fla.1967, 198 So.2d......
  • Williams v. State, V-51
    • United States
    • Florida District Court of Appeals
    • June 27, 1974
    ...arrest, but a preliminary hearing is not required where the state prosecutes by information (as in this case). See Bradley v. State, Fla.App. (1st) 265 So.2d 532, cert. den., 411 U.S. 916, 93 S.Ct. 1543, 36 L.Ed.2d Fourth, appellant contends he was denied effective assistance of counsel. On......

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