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Jones v. State

District Court of Appeal of Florida, Third District
Oct 15, 1985
477 So. 2d 26 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-1008.

October 15, 1985.

Appeal from the Circuit Court, Dade County, Thomas E. Scott, J.

Bennett H. Brummer, Public Defender, and Arthur B. Calvin, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Renee Ruska Pelzman, Asst. Atty. Gen., for appellee.

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


We reject appellant's contention that the trial court's failure to conduct a Richardson hearing or to grant a continuance entitles him to a new trial. As to the first point, a review of the record reveals that the state supplied Jones with all the information in its possession, thereby removing the need for a Richardson hearing. See Marshall v. State, 413 So.2d 872 (Fla. 3d DCA 1982), quashed in part on other grounds, 445 So.2d 355 (Fla. 1984). As to the second point, the denial of a motion for a continuance is within the sound discretion of the trial court and will not be overturned in the absence of an abuse of discretion. Echols v. State, 10 F.L.W. 526 (Fla. Sept. 19, 1985); Holman v. State, 347 So.2d 832, 836 (Fla.3d DCA 1977), cert. denied, 354 So.2d 981 (Fla. 1978). Holding that the trial court did not abuse its discretion in denying defendant's motion for continuance, we affirm.

Richardson v. State, 246 So.2d 771 (Fla. 1971).

Affirmed.


Summaries of

Jones v. State

District Court of Appeal of Florida, Third District
Oct 15, 1985
477 So. 2d 26 (Fla. Dist. Ct. App. 1985)
Case details for

Jones v. State

Case Details

Full title:EDDIE LEE JONES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 15, 1985

Citations

477 So. 2d 26 (Fla. Dist. Ct. App. 1985)

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