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JONES v. STATE

No. 70-404.

255 So.2d 712 (1971)

Phillip Morris JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 21, 1971.

Attorney(s) appearing for the Case

Delford P. Richey, Deerfield Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

ON PETITION FOR REHEARING

MANN, ROBERT T., Associate Judge.

Jones was not tried promptly, but there is no error in the record. Jones' claim that he was prejudiced because one witness to the robbery was unavailable at the time of trial would make sense if Jones had called the witness. He did not. In fact, Jones' conviction of robbery on the positive identification of him by...

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