WILLIE BEMBRY, PETITIONER,
v.
THE HONORABLE ELLEN MORPHONIOS GABLE, AND N. JOSEPH DURANT, AS JUDGES OF THE CIRCUIT COURT OF DADE COUNTY, RESPONDENTS
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Court prohibited trial judge from extending speedy trial deadline based on pending appellate decision in another case, holding that such circumstance does not qualify as exceptional under Florida Rule of Criminal Procedure 3.191(d)(2).
An appellate decision in another case does not constitute an exceptional circumstance justifying extension of speedy trial time under Florida Rule of Criminal Procedure 3.191(d)(2).
[1] Pendency of appellate decision in separate case does not constitute exceptional circumstance justifying extension of speedy trial deadline under Florida Rule of Criminal…
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Join FLexlaw to unlock all legal intelligenceBembry was arrested and charged on March 3, 1978. The trial court entered an order extending the speedy trial deadline, purporting to extend it ninety…
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PEARSON, Judge.
We are presented with a petition for writ of prohibition and a response thereto. The petitioner asserts that on March 3, 1978, he was arrested and charged and, therefore, would be entitled to discharge under Florida Rule of Criminal Procedure 3.191(d)(1) except for an invalid order entered by the trial court which extended the time for speedy trial pursuant to Florida Rule of Criminal Procedure 3.191(d)(2). The order was entered on the ground that the trial court was awaiting an appellate decision in another case. It purported to extend the speedy trial time until ninety days from the receipt of the mandate in the separate case, which the court deemed would be determinative in its ruling on a motion to dismiss in the present case.
We hold that the fact that an appellate decision in another case may be helpful in the disposition of the present case is not an “exceptional circumstance” 1 contemplated by Florida Rule of Criminal Procedure 3.191(d)(2). Therefore, we direct that the information filed in this cause, styled “State of Florida vs. Willie Bembry,” case number 78-3330 in the Criminal Division of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, should be dismissed and the defendant discharged. In full confidence that our decision will be followed, we have withheld the issuance of the formal writ and will await the State’s certificate that our directions have been complied with.
. Fla.R.Crim.P. 3.191(f).
Cases With Similar Vibessemantic neighbors from the corpus
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Carter v. State, 374 So. 2d 1063 (Fla. 3d DCA 1979)…ation of four and one half months in the Dade County stockade with a special recommendation for work furlough privileges. Appellant contends that the trial court erred in denying the motion for discharge.. We agree and reverse. In Bembry v. State, 372 So. 2d 177 (Fla. 3d DCA 1979) this court said: “[T]he fact that an appellate decision in another case may be helpful in the disposition of the present case is not an ‘exceptional circumstance’ contemplated by Florida Rule of Criminal Procedure 3.191(a)(2).”…
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State v. Carter, 397 So. 2d 679 (Fla. 1981)…titutionality of the statute is decided by the appellate courts. We hold that this situation presents a proper exceptional circumstance and that the trial judge justifiably tolled the speedy trial period. We accept the rationale of Bembry v. Gable, 372 So. 2d 177 (Fla. 3d DCA 1979), cert. denied, 385 So. 2d 757 (Fla.1980), that a trial judge’s desire to receive helpful advice from an appellate court is not sufficient in and of itself to justify an order extending the speedy trial period. Nevertheless, when t…
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State v. McCORMICK, 378 So. 2d 1350 (Fla. 3d DCA 1980)…PER CURIAM. Affirmed. Carter v. State, 374 So. 2d 1063 (Fla.3d DCA 1979); Bembry v. Gable, 372 So. 2d 177 (Fla.3d DCA 1979).…