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IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUITIN AND FOR POLK COUNTY, FLORIDACRIMINAL DIVISION
James Gray, Jr. )Defendant :Vs. ) Case No.:
53-2009-CF-00258101STATE OF FLORIDA :
Respondent. )
EMERGENCY MOTION TO DISMISS INEFFECTIVE ASSISTANCE OF COUNSELAND TO DISMISS CHARGES FOR FAILURE TO PROSECUTE
Comes now, the Defendant, Pro-se, pursuant to Rules 1.420 (e), Florida Rules of CivilProcedure; RULE 3.133. PRETRIAL PROBABLE CAUSE DETERMINATIONS ANDADVERSARY PRELIMINARY HEARINGS
,
and 3.191 (D) (3) Florida Rules of CriminalProcedure. Herein, moves this Honorable Court to grant dismissal in the above - styled case,therein discharging Defendant from any further prosecution in this case at bar. In support of thisaction, Defendant hereby presents the following for review:
FACTUAL BASIS
1.
Defendant was arrested on: April 10, 2009.2.
Defendant Bonded out for medical reason incurred in the arrest and beating by LakelandPolice Officer Clint Harris badge # 142, and never went to a first appearance hearing.3.
Defendant has never been even asked to enter a plea to a single charge alleged in the PoliceReport.4.
Prosecutor filed the information according to the progress report in the clerk¶s office, but theDefendant has never been arraigned on any charges.5.
Defendant was arrested without a warrant, and there in no probable cause determinationrecorded to Defendant¶s knowledge.
2
6
.
Defendant has repeatedly brought the denial of Due Process to the attention of the ineffectiveassistance of counsel, but they have refused to acknowledge that this is not normal procedures or that there is anything wrong with it.7.
Defendant was not arraigned in OPEN COURT on any charges alleged in the arrest of April10, 2009, and there is NO record of same and NO WAIVER on the record and the ineffectiveassistance of counsel has been unwilling to assist with Defendant¶s due process rights.8.
Defendant was never allowed to have a Probable Cause Hearing or an AdversarialPreliminary Hearing but the ineffective assistance of counsel told the Defendant that she wouldnot file a frivolous motion because she, Beth Arreguin, wanted to keep her Bar Card. This againis ineffective assistance of counsel when there is no probable cause determination in the filesigned by anyone.9.
Defendant was not formally charged with a crime in OPEN Court, and this can be verified bythe Electronic Court Reporter causing the Court to be in want of both subject matter and InPersona Jurisdiction in this case because there is no Service of Process on the Record, but theineffective assistance of counsel refuses to point that out to the Court, and prevents Defendantfrom doing so while he appears to be Counsel of record.10.
Defendant has not received service of process from this Court made pursuant to statutes andSupreme Court Rules, Janove v. Bacon,
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111. 2d 245, 249,218 N.E. 2d 70
6
, 708 (1953) There is NO OBJECTIONS from the ineffective assistance of counsel.11.
Defendant was denied Due Process in that the prerequisites for trial have been omitted likefirst appearance, probable cause hearing, adversarial preliminary hearing, arraignment, or appointment of counsel in OPEN COURT, and there is no Court Reporter¶s record for verification to the contrary. Court Employee (Sue) in the official court reporter¶s office hasverified that no record of the proceedings mentioned above exist in the office of the courtreporter.12.
The ineffective assistance of counsel has refused to advice Defendant that a ³Notice of Expiration of Speedy Trial´ could have been filed when Defendant filed his first Pro se Motion
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on the 179
th
day, second on the 32
6
day, third on the 423
rd
day, and fourth on the 502
nd
day after arrest.13.
There is really nothing to dismiss because the Court has never been properly set in this case.14.
The charges have never been presented and the plea has never been entered, and there is norecord to the contrary since the filing on May 18, 2009.15.
The ineffective assistance of counsel has continued to insist that Defendant has waiver hisrights to speedy trial while knowing that there is no Court Record to support any waiver byDefendant to any of his rights.1
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.
It has been 517 days since Defendant was brutally beaten and arrested without cause andcharged only to cover up the without probable cause arrest, but the ineffective assistance of counsel has repeated refused to assist in preventing the denial of due process.17.
It has been 338 days since Defendant filed his first pro se motion to dismiss for failure togrant him a speedy trial as per Florida Rules of Criminal Procedures 3.191, but the ineffectiveassistance of counsel has not tried to protect Defendant¶s rights to a Speedy Trial.18.
It has been 141 days since defendant filed his 2
nd
pro se motion to dismiss for failure to granthim a speedy trial as per Florida Rules of Criminal Procedures 3.191 and a denial of Due Processin violations of the Fifth and Fourteenth Amendment to the U. S. Constitution, but appointedcounsel has done nothing to assist with getting a dismissal of the charges.19.
It has been 93 days since Defendant filed his 3
rd
pro se motion to dismiss for failure to granthim a speedy trial, and not one time has either of defendant¶s ineffective assistance of counselfiled or even told him to file a ³Notice of Expiration of Speedy Trial´ as defendant learned thisWeek of August 22, 2010, is required.20.
Defendant has constitutionally guaranteed rights to ³effective assistance of legal counsel,´ but it has been denied thus far, and all Defendant has had available have been ineffective.
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