Hernandez v. State

Full title: TERRENCE C. HERNANDEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 10, 1986

495 So. 2d 890 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2899.

October 10, 1986.

Appeal from the Circuit Court for Hillsborough County; John P. Griffin, Judge.

Anthony F. Gonzalez, P.A., Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See State v. Ryder, 449 So.2d 398 (Fla. 2d DCA 1984) and Etheridge v. State, 415 So.2d 864 (Fla. 2d DCA 1982).

RYDER, A.C.J., and SANDERLIN, J., concur.

SCHOONOVER, J., concurs specially.

SCHOONOVER, Judge, Concurring Specially.

I agree that the state presented sufficient evidence to convict the appellant. Because the appellant's argument concerning the application of the speedy trial rule is controlled by our decision in Ryder, I also agree that the trial court did not err in denying appellant's motion for discharge. Were we not bound by that decision, however, I would reverse for the reasons set forth in my dissent in Ryder.