State v. Ansley, FF-224
Decision Date | 16 September 1977 |
Docket Number | No. FF-224,FF-224 |
Citation | 349 So.2d 837 |
Parties | STATE of Florida, Appellant, v. Martha Lee ANSLEY, Appellee. |
Court | Florida District Court of Appeals |
Robert L. Shevin, Atty. Gen., and Michael H. Davidson, Asst. Atty. Gen., for appellant.
Leo A. Thomas of Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellee.
By this interlocutory appeal, the state seeks review of the trial court's order granting appellee Ansley's motion to dismiss Count III of an amended information by which she was charged with petit larceny, a misdemeanor offense.
Ansley's motion to dismiss and the trial court's order treating same as a motion to discharge pursuant to Fla.R.Crim.P. 3.191(d)(1) were premised on the running of the "speedy trial" time pursuant to Fla.R.Crim.P. 3.191(a)(1) which provides, in part:
". . . Except as otherwise provided by this Rule, every person charged with a crime by indictment or information shall without demand be brought to trial within 90 days if the crime charged be a misdemeanor . . . and if not brought to trial within such time shall upon motion timely filed with the court having jurisdiction and served upon the prosecuting attorney be forever discharged from the crime; provided, the court before granting such motion shall ascertain that such person has been continuously available for trial during such period of time for trial."
At the hearing below, and here, the state urges that Ansley waived her right to speedy trial by standing silent when the trial court set a trial date beyond the 90-day period required by the speedy trial rule. We cannot agree.
Ansley was taken into custody on November 4, 1976, as the result of the conduct giving rise to two felony counts and one misdemeanor count charged in the amended information. On an unspecified date the case was set for trial, and the trial court announced a trial date which was beyond the 90-day speedy trial period for the misdemeanor count. On February 8, 1977, Ansley filed a motion to dismiss the misdemeanor count for failure to have been accorded a speedy trial.
The trial court's order of discharge states, in pertinent part:
Gue v. State, 297 So.2d 135 (Fla. 2nd DCA 1974), is on point. There, Gue had originally been charged with a misdemeanor for possession of marijuana. Subsequently, the state nolle prossed the original charge and filed a felony charge for possession of narcotic paraphernalia. However, the state failed to bring Gue to trial within 180 days of the date when she was taken into custody as a result of the conduct or criminal episode giving rise to the crime charged. Gue's motion for discharge pursuant to the speedy trial rule was denied by the trial court. In reversing, the Second District Court of Appeal stated:
See also Smith v. State, 345 So.2d 1117 (Fla. 2nd DCA 1977); Flournory v. State, 322 So.2d 652 (Fla. 2nd DCA 19...
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McKinney v. Yawn
...speedy trial rule and that the denial of his motion for discharge was error as a matter of law. We are aware that in State v. Ansley, 349 So.2d 837 (Fla. 1st DCA 1977), cert. denied, 359 So.2d 1220 (Fla.1978), this court concluded that the defendant had not waived the speedy trial requireme......
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Stuart v. State
...be found to have taken place. Nor could a previous agreement to a continuance within the period be taken as such. See State v. Ansley, 349 So.2d 837 (Fla.1st DCA 1977); Smith v. State, 345 So.2d 1117 (Fla.2d DCA If silence is not enough to show waiver by acquiescence, but some kind of posit......
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...the period for speedy trial does not constitute waiver. See People v. Gallegos, 192 Colo. 450, 451, 560 P.2d 93, 94 (1977); State v. Ansley, 349 So.2d 837, (Fla.App.), cert. denied, 359 So.2d 1220 (1977); State v. Johnson, 201 Neb. 322, 326, 268 N.W.2d 85, 87-88 (1978); State v. Singer, 50 ......
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Smith v. State, 85-295
...1984). While we note that defendant's silence at the August 31 hearing was not a waiver of his right to speedy trial, State v. Ansley, 349 So.2d 837 (Fla. 1st DCA 1977), we agree with the trial court's determination that counsel's statement at the November 26 hearing represented an acceptan......