Hillburn v. State

Full title: MARK HILLBURN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 13, 1977

353 So. 2d 185 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-839.

December 13, 1977.

Appeal from the Circuit Court, Dade County, Wilkie D. Ferguson, Jr., J.

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Linda Collins Hertz, Asst. Atty. Gen., for appellee.

Before BARKDULL, HAVERFIELD and NATHAN, JJ.

NATHAN, Judge.

There was no reversible error in the trial court's denial of a motion for discharge on speedy trial grounds, made orally after the jury had been impaneled and sworn, and trial was ready to commence. State v. Robinson, 336 So.2d 437 (Fla. 2d DCA 1976); Rule 3.191, Fla.R.Crim.P.

Affirmed.