Thursday, September 10, 2009

Law Updates for September 4, 2009

Nelson, 34 FLW 1743, 4th DCA, A def with a non-drug felony is eligible for alternative sanctions under 948.20. Circuit court erred in finding the def ineligible for an alternative sentence under 948.20 because he had a prior non-drug felony conviction, different than 948.034.

Tedder, 34 FLW 1789, 1st DCA, Def entitled to discharge when info not filed within 175 days of time of arrest. No merit to state contention that def was unavailable for trial because of his incompetency adjudication in a separate case and speedy trial period did not begin to run under rules of 3.191(k).

The Law Offices of Roger P. Foley, P.A.

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