THE STATE OF FLORIDA, APPELLANT,
v.
MIGUEL SAGRE, APPELLEE
Explore caselaw by topic → Browse Showing Of Prejudice cases and more on FLexlaw
PER CURIAM.
Where appeals in State v. Sagre, 430 So. 2d 919 (Fla. 3d DCA 1983) and State v. Arroyo, 422 So. 2d 50 (Fla. 3d DCA 1982) resulted in an order granting an extension of the speedy trial period under Florida Rule of Criminal Procedure 3.191 “to and including ninety (90) days beyond the receipt of the mandate of the final appellate court... ”, defendant was not entitled to be discharged on March 24, 1983 because the final appellate mandate in State v. Sagre did not issue until June 10,1983. A motion for discharge is untimely where it is presented within ninety days after the trial court receives the mandate from the appellate court. Lowe v. Price, 437 So. 2d 142 (Fla.1983); Fla.R.Crim.P. 3.191(d)(3) and 3.191(g). Neither can the dismissal be sustained on constitutional speedy trial grounds because there is no showing of prejudice. State v. Nieman, 433 So. 2d 572 (Fla.3d DCA 1983).
Reversed.
The Court will not entertain a Motion for Rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Rohm, 645 So. 2d 968 (Fla. 1994)…his opinion. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur. . Other courts have applied this construction to rule 3.191(g). See, e.g., State v. Ferras, 467 So. 2d 765 (Fla. 4th DCA 1985); State v. Sagre, 435 So. 2d 977 (Fla. 3d DCA 1983); State v. White, 436 So. 2d 926 (Fla. 2d DCA 1983), review denied, 446 So. 2d 100 (Fla. 1984); State v. Jowais, 423 So. 2d 409 (Fla. 5th DCA 1982). . The 15-day window period provisions of the rule were added in 1984. See Fla.R.C…
Authorities Cited
- Lowe v. The Honorable Joseph E. Price, 437 So. 2d 142 (Fla. 1983)
- State v. Sagre, 430 So. 2d 919 (Fla. 3d DCA 1983)
- State v. Augustine Lasaro Arroyo, 422 So. 2d 50 (Fla. 3d DCA 1982)
- Kendrick v. State, 433 So. 2d 572 (Fla. 3d DCA 1983)
- State v. Nieman, 433 So. 2d 572 (Fla. 3d DCA 1983)