ARNETT O'HARA KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*878] RYDER, Chief Judge.
Arnett King appeals the summary denial of his motion for post-conviction relief. We reverse.
King alleges that a demand for speedy trial was filed, but that trial counsel failed to move for discharge after sixty days had expired. If true, this could constitute ineffective assistance. See, e.g., Bradfield v. State, 466 So. 2d 273 (Fla.2d DCA 1985).
We remand this case with directions either to grant King a hearing on his motion or to attach sufficient portions of the record to demonstrate conclusively that King is not entitled to relief. If the trial court again denies the motion, King must file a notice of appeal within thirty days to obtain further appellate review.
Reversed.
GRIMES and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cambrick v. State, 593 So. 2d 613 (Fla. 2d DCA 1992)…Finally, Cambrick attempts to construct an ineffective assistance claim around counsel’s failure to move for speedy trial discharge. It is true that negligence with regard to speedy trial rights can constitute ineffective assistance. King v. State, 485 So. 2d 877 (Fla. 2d DCA 1986). However, upon closer examination, and affording Cambrick’s pleadings the leniency due pro se litigants, it appears that this is not a true speedy trial case. Rather, the central issue again goes to the voluntariness of one of Cam…
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Butler v. State, 84 So. 3d 419 (Fla. 5th DCA 2012)…on the charges until June 1, 2007, when he was transported from the Department of Corrections and booked into the Volusia County jail. Failure to raise a speedy trial claim can constitute ineffective assistance of counsel. See, e.g., King v. State, 485 So. 2d 877, 878 (Fla. 2d DCA 1986). In this case, as conceded by the State, the 175-day speedy trial period began to run on the Volusia County charges when law enforcement arrested Butler on November 7, 2005. See Fla. R.Crim. P. 3.191(a) (the time period in ru…
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Constantine v. State, 566 So. 2d 321 (Fla. 2d DCA 1990)…orida cases directly on point. However, we believe analogy is appropriate to the alleged failure of counsel to recognize and avail himself of a speedy trial defense, which we have held may constitute ineffective assistance. See, e.g., King v. State, 485 So. 2d 877 (Fla. 2d DCA 1986); Bradfield v. State, 466 So. 2d 273 (Fla. 2d DCA 1985). . Ch. 84-550, § 1, Laws of Fla.…
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- Bradfield v. State, 466 So. 2d 273 (Fla. 2d DCA 1985)