Alfrey v. State

Full title: BILLY RAY ALFREY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 9, 1983

435 So. 2d 971 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-2205.

August 9, 1983.

Appeal from the Circuit Court, Monroe County, Bill G. Chappell, J.

Bennett H. Brummer, Public Defender and William Kuypers, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

BASKIN, Judge.

During the hearing on appellant's motions to suppress and to dismiss, his counsel stipulated that the issues were dispositive and that he would not need a jury. The state argues that by these actions appellant's counsel waived appellant's right to a speedy trial. Fla.R.Crim.P. 3.191. We disagree. See State v. Ansley, 349 So.2d 837 (Fla. 1st DCA 1977).

Reversed and remanded with directions to discharge appellant.