State v. Foster, 505 So. 2d 658

PER CURIAM.

We affirm the order discharging defendant on speedy trial grounds. Defendant was not brought to trial within ten days after the hearing on his motion for discharge. See Fla.R.Crim.P. 3.191(i)(4). The state did not timely raise with the trial court, as it was the state’s burden to do, its argument that the hearing had been timely held and that the trial judge should have scheduled the trial within ten days thereafter. See Apolinari v. Ulmer, 483 So.2d 75, 77 (Fla. 2d DCA 1986).

LEHAN, A.C.J., and HALL and SANDERLIN, JJ., concur.

Case Details

Case Name: State v. Foster

Court Name: District Court of Appeal of Florida

Date Published: Apr 15, 1987

Citations: 505 So. 2d 658; 12 Fla. L. Weekly 1073; 1987 Fla. App. LEXIS 7697; No. 85-2717

Docket Number: No. 85-2717

Court Abbreviation: Fla. Dist. Ct. App.