
    Frank BLACK, Appellant, v. The STATE of Florida, Appellee.
    No. 83-2440.
    District Court of Appeal of Florida, Third District.
    May 7, 1985.
    
      Bennett H. Brummer, Public Defender, and George T. Pallas, Sp. Asst. Public Defender, for appellant.
    Jim Smith, Atty. Gen., and Richard I. Polin, Asst. Atty. Gen., for appellee.
    Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.
   PER CURIAM.

This cause is reversed and the appellant discharged upon a finding that the state did not sustain its burden of showing that appellant was not, at the relevant times, available for trial. Non-availability will not be presumed and when a defendant moves for discharge on the basis that the speedy trial time has run, the state must provide better evidence than an assistant state attorney’s “understanding” that a continuance was properly charged to the defendant. Fla.R.Crim.P. 3.191(e).

Reversed with directions.  