IN THE INTEREST OF J.B., A CHILD, PETITIONER,
v.
HONORABLE LAWRENCE L. KORDA, AS JUDGE OF THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA, RESPONDENT
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A continuance granted at the defendant's request, even if stated as 'without prejudice,' is attributable to the accused, thereby waiving the original speedy trial period.
Petitioner was arrested and charged with burglary and petty theft. A trial was set, but petitioner filed a motion for continuance, which was granted b…
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HERSEY, Judge.
Prohibition is sought to review an order denying a motion for discharge based upon speedy trial considerations in juvenile proceedings. Unless there was a waiver, the time within which an adjudicatory hearing was required to be held under Rule 8.180, Fla.R.Juv.P., had expired and petitioner was entitled to be discharged.
Petitioner was arrested for burglary and petty theft on November 2, 1982. Charges were filed on December 10,1982. Arraignment was held on December 29, 1982 at which time counsel was appointed and trial was set for January 12, 1983. On January 10,1983 petitioner filed a motion for continuance, requesting that it be “without prejudice to the Defendant.” The court ultimately granted a “court continuance.”
Whatever the label and whether affixed by a party or the court, the effect was that “the failure to hold trial is attributable to the accused ...” within the contemplation of Fla.R.Crim.P. 3.191(d)(3). Where delay is attributed to a defendant, the original period established by the rule no longer appertains. Thus the state becomes obligated to provide a trial within constitutional (reasonable time) parameters. See Brownlee v. State, 427 So. 2d 1106 (Fla. 3d DCA 1983).
We have treated the juvenile rule and the criminal rule as though together they formed a continuum within which all aspects of speedy trial lay in neat relationship. Because courts, like nature, abhor a vacuum, we adopt the continuum so postulated and read these rules as in pari materia and thus conclude: petitioner caused a continuance to be granted; it is thus attributable to him; where trial is delayed by a cause attributable to the accused the speedy trial rule is waived (under Fla.R.Crim.P. 3.191(d)(3) and Fla.R.Juv.P. 8.180(c)); thereafter trial (or an adjudicatory hearing) must be afforded within a reasonable time.
WRIT DENIED.
DOWNEY and BERANEK, JJ., concur.
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Cited By (12 total)
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Albert Banks v. State, 691 So. 2d 490 (Fla. 4th DCA 1997)…ery, or other violation of defense discovery rights, waives the 175 day “speedy trial” time and the defendant’s right to discharge pursuant to criminal procedure rule 3.191(a). State v. Frazee, 617 So. 2d 350, 351 (Fla. 4th DCA 1993); J.B. v. Korda, 436 So. 2d 1109 (Fla. 4th DCA 1983); Colby v. [*492] McNeill, 695 So. 2d 115 (Fla. 3d DCA), rev. denied, 604 So. 2d 487 (Fla.1992); Fonte v. State, 515 So. 2d 1036 (Fla. 3d DCA 1987), rev. denied, 525 So. 2d 878 (Fla.1988); Blackstock v. Newman, 461 So. 2d 1021, 10…
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P.S. v. State, 658 So. 2d 92 (Fla. 1995)…oncur. WELLS, J., dissents with an opinion, in which OVERTON, J., concurs. . There is no precise question posed in the opinion below. We have stated the question to em [*93] brace the issue decided by the district court. . See also J.B. v. Korda, 436 So. 2d 1109, 1110 (Fla. 4th DCA 1983) (holding that criminal speedy trial rule — rule 3.191' — and rule 8.090 form continuum within which all aspects of speedy trial lie in neat relationship and are to be read as in pari materia); In re Amendments to Fla.Rule o…
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State v. E.B., 540 So. 2d 255 (Fla. 4th DCA 1989)…PER CURIAM. We reverse the order granting the defendant’s motion to dismiss for lack of a speedy trial upon authority of J.B. v. Korda, 436 So. 2d 1109 (Fla. 4th DCA 1983) and State v. Fraser, 426 So. 2d 46 (Fla. 5th DCA 1982). Here the defendant did not waive speedy trial, he merely agreed to a one day extension. Thus, the adjudicatory hearing had to begin on September 20, 1988. Since the State wa…
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- Brownlee v. State, 427 So. 2d 1106 (Fla. 3d DCA 1983)