GARNETT v. STATE

No. 83-961.

457 So.2d 1144 (1984)

Errol GARNETT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 23, 1984.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Renee E. Ruska, Asst. Atty. Gen., for appellee.

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


SCHWARTZ, Chief Judge.

We reject the defendant's claim that he was entitled to discharge under the speedy trial rule, Fla.R.Crim.P. 3.191. Garnett did not appear on the date scheduled for trial. Although his absence was caused by his incarceration in the Palm Beach county jail at the time, this did not render him "available for trial" under Rule 3.191(e) because the state and the lower court had no notice that this was the case. Singleton v. Gross, ...

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