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Smyly v. State

District Court of Appeal of Florida, Fourth District
Apr 11, 2007
952 So. 2d 1261 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D05-4850.

April 11, 2007.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case No. 03-19034 CF10A.

David Smyly, Boca Raton, pro se.

Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.


Appellant challenges the revocation of his probation, claiming that the trial court erred in denying his motion for discharge under the speedy trial rule. However, Florida Rule of Criminal Procedure 3.191 does not apply to revocation of probation proceedings. See Piz v. State, 826 So.2d 1063 (Fla. 2d DCA 2002); Gonzalez v. State, 447 So.2d 381, 382 (Fla. 3d DCA 1984). We therefore affirm but remand for the trial court to enter a written order of revocation of probation.

Affirmed and remanded.

WARNER, POLEN and HAZOURI, JJ., concur.


Summaries of

Smyly v. State

District Court of Appeal of Florida, Fourth District
Apr 11, 2007
952 So. 2d 1261 (Fla. Dist. Ct. App. 2007)
Case details for

Smyly v. State

Case Details

Full title:David SMYLY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 11, 2007

Citations

952 So. 2d 1261 (Fla. Dist. Ct. App. 2007)