GONZALEZ v. STATE

No. 88-2044.

536 So.2d 1128 (1988)

Leomar GONZALEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

December 21, 1988.


Attorney(s) appearing for the Case

Charles M. Wynn, Marianna, for petitioner.

Robert A. Butterworth, Atty. Gen., William A. Hatch, Asst. Atty. Gen., for respondent.


NIMMONS, Judge.

This is a certiorari proceeding to review the Jackson County Circuit Court's affirmance of a county court order denying a motion to dismiss a DUI charge on speedy trial grounds. We grant the certiorari petition.

The trial court denied the motion to dismiss, the court basing its ruling on the defendant's "unavailability for trial." Fla. R.Cr.P. 3.191(d)(3) provides that a defendant's "unavailability for trial" is a proper basis upon which to...

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