Harley v. State
| Decision Date | 18 December 1981 |
| Docket Number | No. AC-385,AC-385 |
| Citation | 407 So.2d 382 |
| Parties | Larry HARLEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Charles Friend, Tallahassee, for appellant.
Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., for appellee.
Harley appeals from the final judgment imposed on 116 counts of uttering forged instruments. He raises three points for our consideration. First, whether the court abused its discretion in granting a motion for continuance made by the state. Second, whether the court erred in requiring him to go to trial on 109 new counts of uttering with only seven working days notice of the additional charges. Third, whether the court erred in failing to exclude from evidence the defendant's recorded statement.
Harley was arrested on September 6, 1980 on 116 charges of uttering a forged instrument. At that time he waived his Miranda rights and voluntarily spoke with the authorities. During his interrogation the investigating officer indicated that he would charge Harley with only seven counts, however it would be up to the state attorney's office whether additional charges would be filed. Harley then gave a recorded statement that he had passed the 116 checks at the locations indicated.
Harley was charged by information with seven counts of uttering. The public defender's office was appointed, but later withdrew from representing him. Private counsel was appointed as a special public defender and a trial was set for February 19, 1981. At a pretrial conference on February 18th, appellant noted that at trial he would object to any reference to checks other than the seven checks charged on the ground that the state had not filed a notice of similar fact evidence as required by statute. On February 19th, the state orally moved for a continuance. That motion was granted.
On February 20, 1981 a hearing was held to set a new trial date. At that hearing the state indicated that it intended to file 109 additional counts against Harley. The state requested the trial be set prior to the expiration of the speedy trial period which would occur on March 5, 1981. Defense objected going to trial so quickly on the new charges arguing there was not sufficient time to prepare a defense. Trial was set within the speedy trial period, however, the court noted that there may not be sufficient time for defense counsel to prepare against the additional counts.
An amended information was filed on February 27, 1981 charging Harley with 116 counts of uttering. Trial was held on March 3, 1981 on all 116 counts, over the defendant's protest that he had not had sufficient time to prepare. The defendant's recorded statement was introduced as evidence over his objection that the statement was induced by the promise of the investigating officer that Harley would only be charged with passing seven checks. The jury returned a verdict of guilty on each count. Under the facts of this case we find it was error for the trial court to require Harley to go to trial on the amended information on March 3, 1981.
The Supreme Court has repeatedly held that not only does due process require that a defendant is entitled to the benefit of counsel but that it is a denial of the defendant's constitutional right to a fair trial to force him to trial with such expedition as to deprive him of the effective aid and assistance of counsel. White v. Ragen, 324 U.S. 760, 764, 65 S.Ct. 978, 980, 89 L.Ed. 1348, 1352 (1945). This court has long recognized and protected defendant's right to adequate representation. In Brooks v. State, 176 So.2d 116 (Fla. 1st DCA 1965), we held the right to be represented by counsel necessarily carries with it the right to have a reasonable time in which to prepare for trial. In Hawkins v. State, 184 So.2d 486 (Fla. 1st DCA 1966), we stated that it is elemental that an indigent's right to counsel necessarily incorporates the right to effective assistance of counsel. And in Kimbrough v. State, 352 So.2d...
To continue reading
Request your trial
-
Brown v. State, AE-96
...73 L.Ed.2d 1322 (1982). A number of cases detail circumstances rising to the level of a palpable abuse of discretion. Harley v. State, 407 So.2d 382 (Fla. 1st DCA 1981); Lightsey v. State, 364 So.2d 72 (Fla. 2d DCA 1978); and Sumbry v. State, 310 So.2d 445 (Fla. 2d DCA 1975). The common thr......
-
Smith v. State, BP-99
...State, 426 So.2d 76, 80 (Fla. 1st DCA 1983), disapproved on other grounds by Bundy v. State, 471 So.2d 9 (Fla. 1985); Harley v. State, 407 So.2d 382 (Fla. 1st DCA 1981). Adequate time to prepare a defense is a right that "is inherent in the right to counsel." Brown v. State, 426 So.2d at 80......
-
Loren v. State, BD-485
...defendant must be given an ample opportunity to prepare for trial, Brown v. State, 426 So.2d 76 (Fla. 1st DCA 1983); Harley v. State, 407 So.2d 382 (Fla. 1st DCA 1981); Lightsey v. State, 364 So.2d 72 (Fla. 2d DCA 1978); Sumbry v. State, 310 So.2d 445 (Fla. 2d DCA 1975); Hawkins v. State, 1......
-
Carter v. State
...is forced to trial "with such expedition as to deprive him of the effective aid and assistance of counsel." Harley v. State, 407 So.2d 382, 384 (Fla. 1st DCA 1981). Thus, denial of a defense motion for continuance was held an abuse of discretion where, seven days prior to trial, the state h......