final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 14-28334, Jose L. Fernandez, Judge.
J. Martinez, Public Defender, and Susan S. Lerner, Assistant
Public Defender, for appellant.
Moody, Attorney General, and Christina L. Dominguez,
Assistant Attorney General, for appellee.
FERNANDEZ, MILLER, and GORDO, JJ.
Walter Robinson, challenges his conviction for possession of
a firearm by a violent career criminal, in violation of
section 790.235, Florida Statutes (2019). On appeal, he
assigns error to the denial by the lower tribunal of his
motion for discharge following his demand for speedy trial.
For the reasons set forth below, we discern no error and
AND LOWER COURT PROCEEDINGS
6, 2017, following legions of trial delays, at least four of
which were solely attributable to the defense, Robinson filed
a demand for speedy trial under Florida Rule of Criminal
Procedure 3.191(b). The lower court scheduled trial to
commence in mid-July, 2017.
16, 2017, the State obtained court-ordered buccal swabs from
Robinson. During the week immediately preceding the trial,
the State disclosed that a DNA comparison between
Robinson's swabs and a serological specimen recovered
from gloves discovered in the proximity of the crime scene
yielded a match. The State further filed a motion to extend
the speedy trial period, citing the unavailability of a
critical witness due to an unexpected and serious medical
scheduled trial date, both the prosecution and defense
appeared before the court and sought a continuance. The
defense articulated its desire for a delay was premised upon
its need to depose the DNA analyst. The State again advanced
the unavailability of its necessary witness. In response, the
defense proposed a stipulation as to the substance of the
proffered testimony of the witness. The State declined to
accept the offer.
lower tribunal continued the case, finding that a defense
continuance was warranted, and regardless, an extension of
the speedy trial period was justified. On August 4, 2017,
Robinson filed a notice of expiration of speedy trial. The
court struck the notice and, on August 23, 2017, Robinson
filed a motion for final discharge. The motion was denied,
and on September 5, 2017, a jury was impaneled, but later
discharged due to a forecasted hurricane.
case eventually proceeded to trial, and following a jury
determination of guilt, Robinson was sentenced to a term of
twenty years of incarceration. The instant appeal ensued.