STATE OF FLORIDA, APPELLANT,
v.
DAVID BROSMAN, APPELLEE
Explore caselaw by topic → Browse Constitutional Right To Speedy Trial cases and more on FLexlaw
PER CURIAM.
The appellee was discharged after the state failed to bring him to trial within 90 days of a state requested continuance. However, the record reflects that the appel-lee had previously secured a continuance and thereby waived his right to a speedy trial under the speedy trial rule. Although we have previously held that the state is required to bring a defendant to trial within 90 days of a continuance granted at the state’s request following an earlier defense continuance, those decisions have now been overruled by the Florida Supreme Court. See Butterworth v. Fluellen, 389 So. 2d 968, 80 F.L.W. 378 (Fla.1980). Since the discharge herein was predicated upon the rule rejected in Butterworth, supra, we must reverse. However, our reversal is without prejudice to the appellee to seek a discharge predicated upon any alleged violation of his constitutional right to a speedy trial. State ex rel. Butler v. Cullen, 253 So. 2d 861 (Fla.1971). We express no view on this issue.
Accordingly, this cause is hereby reversed and remanded with directions for further proceedings consistent herewith.
DOWNEY, ANSTEAD and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
State v. Clifton, 905 So. 2d 172 (Fla. 5th DCA 2005)…isode commences from the date the defendant is taken into custody, even for crimes not charged in the information filed by the state. See Reed v. State, 649 So. 2d 227 (Fla.1995); State v. Hanna, 858 So. 2d 1248 (Fla. 5th DCA 2003); Walker v. State, 390 So. 2d 411 (Fla. 4th DCA 1980); Robinson v. Lasher, 368 So. 2d 83 (Fla. 4th DCA 1979); State v. Thaddies, 364 So. 2d 819 (Fla. 4th DCA 1978); Deloach v. State, 338 So. 2d 1141 (Fla. 1st DCA 1976); Clark v. State, 318 So. 2d 513 (Fla. 4th DCA 1975); see also Bu…
-
State v. Roxie Lynn Hanna, 858 So. 2d 1248 (Fla. 5th DCA 2003)…based on substantially the same acts. Compare State v. Van Winkle, 407 So. 2d 1059 (Fla. 5th DCA 1981) (attempted murder; marijuana cultivation), State v. Floyd, 639 So. 2d 128 (Fla. 2d DCA 1994) (prostitution; possession of drugs), Walker v. State, 390 So. 2d 411 (Fla. 4th DCA 1980) (vehicular homicide; leaving scene of accident), and State v. Lynch, 445 So. 2d 687 (Fla. 2d DCA 1984) (battery on law officer; possession of cocaine) with Reed v. State, [*1251] 649 So. 2d 227 (Fla.1995) (robbery and kid-naping…
-
Pezzo v. State, 903 So. 2d 960 (Fla. 1st DCA 2005)…isode commences from the date the defendant is taken into custody, even for crimes not charged in the information filed by the state. See Reed v. State, 649 So. 2d 227 (Fla.1995); State v. Hanna, 858 So. 2d 1248 (Fla. 5th DCA 2003); Walker v. State, 390 So. 2d 411 (Fla. 4th DCA 1980); Robinson v. Lasher, 368 So. 2d 83 (Fla. 4th DCA 1979); State v. Thaddies, 364 So. 2d 819 (Fla. 4th DCA 1978); Deloach v. State, 338 So. 2d 1141 (Fla. 1st DCA 1976); Clark v. State, 318 So. 2d 513 (Fla. 4th DCA 1975); see also Bu…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Isaac Don Butler & Gerald Nickles v. Honorable Ralph O. Cullen, 253 So. 2d 861 (Fla. 1971)
- Honorable Robert A. Butterworth v. Fluellen, 389 So. 2d 968 (Fla. 1980)