State v. Belien, 379 So. 2d 446 (Fla. 3d DCA 1980). · Go Syfert
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State v. Belien, 379 So. 2d 446 (Fla. 3d DCA 1980). Cases Citing This Book View Copy Cite
28 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Zackery (fladistctapp, 2015-12-04)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 10 distinct citers.
cited Cited as authority (rule) State v. Zackery
Fla. Dist. Ct. App. · 2015 · confidence medium
“In other words, ‘gotcha!’ maneuvers will not be permitted to succeed in criminal, any more than in civil, litigation.” State v. Belien, 379 So.2d 446, 447 (Fla. 3d DCA 1980).
cited Cited as authority (rule) Clear Channel Metroplex v. Sunbeam Tv
Fla. Dist. Ct. App. · 2005 · confidence medium
Darrow, D.C., P.A., 765 So.2d 874, 877 (Fla. 5th DCA 2000); Mizell v. Deal, 654 So.2d 659, 663 (Fla. 5th DCA 1995); State v. Belien, 379 So.2d 446, 447 (Fla. 3d DCA 1980).
cited Cited as authority (rule) Clear Channel Metroplex, Inc. v. Sunbeam Television Corp.
Fla. Dist. Ct. App. · 2005 · confidence medium
Darrow, D.C., P.A., 765 So.2d 874, 877 (Fla. 5th DCA 2000); Mizell v. Deal, 654 So.2d 659, 663 (Fla. 5th DCA 1995); State v. Belien, 379 So.2d 446, 447 (Fla. 3d DCA 1980).
cited Cited as authority (rule) State v. Paz
Fla. Cir. Ct. · 1991 · confidence medium
State v Belien, 379 So.2d 446, 447 (Fla. 3d DCA 1980).
discussed Cited "see" Zabrani v. Cowart
Fla. Dist. Ct. App. · 1986 · signal: see · confidence high
See State v. Belien, 379 So.2d 446 (Fla. 3d DCA 1980). [5] Those subsequent cases which follow McKnight, e.g., State v. Parvis, 487 So.2d 1181 (Fla. 3d DCA 1986); State v. Mortimer, 490 So.2d 93 (Fla. 3d DCA 1986), of course fall with it. [6] The rule nisi previously issued is discharged. [1] The state did not seek further review in this case based on our certification.
cited Cited "see" Chatmon v. Woodard
Fla. Dist. Ct. App. · 1986 · signal: see · confidence high
See State v. Belien, 379 So.2d 446 (Fla. 3d DCA 1980).
discussed Cited "see" Adams v. State
Fla. Dist. Ct. App. · 1985 · signal: see · confidence high
Since the entire matter would have been obviated if the defense had agreed to delete the offending phrase, there can be no more classic example of the doctrine that one is precluded from claiming error which he has explicitly invited. 2 3 Fla.Jur.2d Appellate Review § 294 (1978); see State v. Belien, 379 So.2d 446 (Fla. 3d DCA 1980).
cited Cited "see" State v. Schmitz
Fla. Dist. Ct. App. · 1984 · signal: see · confidence high
See State v. Belien, 379 So.2d 446 (Fla. 3d DCA 1980).
discussed Cited "see" Sweeting v. State
Fla. Dist. Ct. App. · 1980 · signal: see · confidence high
See, King v. State, 373 So.2d 78 (Fla. 3d DCA 1979), cert. denied, 383 So.2d 1197 (Fla.1980); Smith v. State, 345 So.2d 1080 (Fla. 3d DCA 1977), cert. denied, 353 So.2d 678 (Fla.1977); North Miami General Hospital, Inc. v. Kovens, 318 So.2d 567 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 19 (Fla.1976); In re Estate of Dalton, 246 So.2d 612 (Fla. 3d DCA 1971), cert. denied, 252 So.2d 800 (Fla.1971); Shurden v. Thomas, 134 So.2d 876 (Fla. 1st DCA 1961); see generally, State v. Belien, 379 So.2d 446 (Fla. 3d DCA 1980); Oliver v. State, 379 So.2d 143 (Fla. 3d DCA 1980); Buckbee v. State, 378 So.2d…
discussed Cited "see, e.g." Woodbury v. State
Fla. Dist. Ct. App. · 2013 · signal: see also · confidence medium
Based on these circumstances, we are compelled to reiterate that “[t]he purpose of the speedy trial rule is to assure a speedy trial, not a speedy discharge.” State v. Thomas, 659 So.2d 1322, 1324 (Fla. 3d DCA 1995) (Cope, J., specially concurring); see also State v. Belien, 379 So.2d 446, 447 (Fla. 3d DCA 1980) (stating that “ ‘gotcha!’ maneuvers will not be permitted to succeed in criminal, any more than in civil litigation”).
The STATE of Florida, Appellant,
v.
Jerome BELIEN, Appellee.
79-870.
District Court of Appeal of Florida, Third District.
Feb 5, 1980.
379 So. 2d 446
Hendry, Barkdull and Schwartz.
Cited by 27 opinions  |  Published

[*447] Janet Reno, State's Atty. and Ira N. Loewy, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before HENDRY, BARKDULL and SCHWARTZ, JJ.

SCHWARTZ, Judge.

The state appeals from an order discharging the defendant under the speedy trial rule. Fla.R.Crim.P. 3.191. We reverse because, before the expiration of the 180-day period after his arrest, the defendant moved for and was granted a continuance, thus waiving the benefit of the rule. State ex rel. Butler v. Cullen, 253 So.2d 861 (Fla. 1971); Homer v. State, 358 So.2d 1176 (Fla.3d DCA 1978), cert. denied, 364 So.2d 886 (Fla. 1978); Brown v. State, 328 So.2d 497 (Fla.3d DCA 1976), cert. denied, 339 So.2d 1167 (Fla. 1976). The defendant claims that this principle should not apply on the grounds that the state unnecessarily delayed filing an information and did not arraign him until only 16 days before the running of the speedy trial time. This contention is totally without merit under the circumstances disclosed by the record. Unlike such cases as Mulryan v. Judge, Division "C" Circuit Court of Okaloosa County, 350 So.2d 784 (Fla.1st DCA 1977); and State ex rel. Wright v. Yawn, 320 So.2d 880 (Fla.1st DCA 1975), cert. denied, 334 So.2d 609 (Fla. 1976), upon which Belien relies, the state's delay here did not result in any inability of counsel properly to defend him on the trial date set by the court, which was within the 180-day period. See Oatman v. State, 289 So.2d 431 (Fla.3d DCA 1974).[1] To the contrary, it affirmatively appears that the assistant public defender, as a matter of tactics, deliberately chose not to go to a speedy trial specifically in order to attempt to secure a dismissal under the speedy trial rule. Thus, his motion for continuance squarely fit the classic definition of an effective waiver as "an intentional relinquishment or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461, 1466 (1938). In other words, "gotcha!" maneuvers will not be permitted to succeed in criminal, any more than in civil litigation. Salcedo v. Asociacion Cubana, Inc., 368 So.2d 1337, 1339 (Fla.3d DCA 1979); McPhee v. State, 254 So.2d 406 (Fla.1st DCA 1971).

The order of discharge is therefore reversed and the cause remanded for further proceedings consistent herewith.

Reversed and remanded.

1 There is and can be no contention that, absent the speedy trial rule, the defendant would be entitled to a dismissal simply because of the delay itself. See Eans v. State, 366 So.2d 540, 543 (Fla.3d DCA 1979); State v. Griffin, 347 So.2d 692, 695 (Fla.1st DCA 1977), cert. dismissed, 358 So.2d 134 (Fla. 1978).