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McCRAW v. STATE

No. X-523.

330 So.2d 48 (1976)

David Alan McCRAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 26, 1976.

Attorney(s) appearing for the Case

J. LaDon Dewrell of Dewrell & Kessler, Ft. Walton Beach, for appellant.

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

SMITH, Judge.

The trial of this case was delayed 104 days while the State responded listlessly to McCraw's untimely notice, pursuant to Rule 3.210(b), R.Cr.P., that he intended to rely on the defense of insanity. After McCraw's motion for discharge was denied and a jury was impaneled to try him on a charge of breaking and entering with intent to commit robbery, he pleaded nolo contendere, reserving the right to appeal the denial of his discharge. He was adjudicated...

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