STATE v. KATZ

No. 83-158.

438 So.2d 80 (1983)

The STATE of Florida, Appellant, v. Martin KATZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 19, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Marti A. Rothenberg, Asst. Atty. Gen., Janet Reno, State Atty., and Ira N. Loewy, Asst. State Atty., for appellant.

Julius Lucius Echeles, Chicago, Ill., and David Goodhart, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.


FERGUSON, Judge.

The issue as phrased by the state is whether appellee was entitled to be discharged pursuant to the speedy trial rule where both he and his counsel failed to attend a proceeding where their presence was required, and instead sent a letter to the trial court which clearly indicated their desire not to go to trial at that time.

Appellee was charged by information, filed on April 7, 1978, with burglary of a conveyance and grand theft. On June...

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