STATE OF FLORIDA, APPELLANT,
v.
ROGER DALE BRANAM, APPELLEE

Fla. 2d DCA | 1983-05-27
No. 82-844
OTT, C.J., and BOARDMAN, J., concur.
434 So. 2d 950 Florida District Court of Appeal, Second District (1983) Positive Treatment
Cited by 6 cases
Topics
Speedy Trial Demand Fla. R. Crim. P. 3.191 Motion For Discharge

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Opinion of the Court
LEHAN, Judge.

LEHAN, Judge.

Appellee was charged by information with burglary. Prior to the filing of the information, appellee had filed two pro se motions for speedy trial under Florida Rule of Criminal Procedure 3.191. Approximately 75 days later, appellee, through counsel, filed a motion for discharge pursuant to rule 3.191 on grounds that appellee had not been brought to trial within 60 days of the filing of the foregoing pro se motions. The trial court granted appellee’s motion for discharge. We reverse.

A demand for speedy trial filed prior to the filing of an information is a nullity. State v. Gravlee, 276 So. 2d 480 (Fla.1973); State v. Humphrey, 363 So. 2d 392 (Fla. 1st DCA 1968). Thus, the 60-day period under rule 3.191(a)(2) did not apply because it never began.

Accordingly, the order discharging appel-lee is REVERSED and the cause is RE MANDED for proceedings consistent herewith.

OTT, C.J., and BOARDMAN, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Lazarre, 906 So. 2d 314 (Fla. 4th DCA 2005)
    …’s motion for discharge. The defendant filed her demand for speedy trial prior to the filing of an information in the case. Because a demand for speedy trial filed prior to the filing of the information is a nullity, we reverse. See State v. Branam, 434 So. 2d 950, 950 (Fla. 2d DCA 1983). Lazarre was arrested on December 4, 2003 and charged with possession of a counterfeit driver’s license. The 175-day time frame in which the state was required to bring her to trial commenced on that date. See Fla. R. Crim.…
  • Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984)
    …or speedy trial filed prior to the filing of an information is a nullity. State v. Gravlee, 276 So. 2d 480 (Fla.1973); State ex rel Hanks v. Goodman, 253 So. 2d 129 (Fla. 1971); State v. Humphrey, 363 So. 2d 392 (Fla. 1st DCA 1978); State v. Branam, 434 So. 2d 950 (Fla. 2nd DCA 1983). Even if the demand for speedy trial had been filed subsequent to the filing of the information, it is abundantly clear from the public defender’s motion to withdraw and the above referred proceedings before the trial judge that…
  • State v. Hayes, 546 So. 2d 87 (Fla. 2d DCA 1989)
    …After conducting a hearing, the trial court granted the motion and entered an order discharging the appel-lee. The state filed this timely appeal. A demand for speedy trial filed prior to the filing of an information is a nullity. State v. Branam, 434 So. 2d 950 (Fla. 2d DCA 1983). See also, State v. Hill, 313 So. 2d 766 (Fla.1975); Fla.R. Crim.P. 3.191(a)(2); Fla.R.Juv.P. 8.180(f)(2). We, accordingly, reverse the trial court’s order discharging the appellee and remand for proceedings consistent herewith.…

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