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DAVIS v. STATE

No. 84-2405.

474 So.2d 336 (1985)

Alphonso DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Arthur Carter and John H. Lipinski, Sp. Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen. and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

Since there was no showing either that the witness in question was unforeseeably or unavoidably absent or that his presence was "uniquely necessary for a full and adequate trial," so that none of the prerequisites of Fla.R.Crim.P. 3.191(f)(1)1 were satisfied, the trial court plainly erred in nonetheless continuing the trial and extending the speedy trial time on account of his asserted unavailability. It follows that the defendant...

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