ARNOLD CLARK, PETITIONER,
v.
THE HONORABLE EDWARD N. MOORE, AS JUDGE OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTY, RESPONDENT
ARNOLD CLARK, PETITIONER,
THE HONORABLE EDWARD N. MOORE, AS JUDGE OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTY, RESPONDENT
447 So. 2d 383
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Based on the controlling authority of Healey v. State, 389 So. 2d 278 (Fla. 3d DCA 1980), we grant the petition for a writ of prohibition herein and direct that the respondent trial judge grant the petitioner’s motion for discharge filed below. As the respondent, through counsel, concedes, Healey is factually indistinguishable from the instant case and compels the result we reach today. We will withhold issuance of a formal writ of prohibition as we are confident that the respondent will discharge the petitioner upon receipt of this opinion.
Prohibition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Goines v. State, 708 So. 2d 656 (Fla. 4th DCA 1998)…motion, disqualification would have been required. We do not end our inquiry at this point, however, because the issue has arisen in the context of a post conviction proceeding claiming ineffective assistance of counsel. In Thompson v. Wainwright, 447 So. 2d 383, 385 (Fla. 4th DCA 1984), we explained that even if disqualification would have been required, it does not necessarily follow that counsel’s decision not to seek recusal “automatically affords a basis for later attack on counsel’s competency.” In or…
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Kendrigan v. State, 941 So. 2d 529 (Fla. 4th DCA 2006)…time served in jail from the' date of his arrest for the new offenses if the new offenses constituted the basis for the revocation of probation in the instant cases. Louis v. State, 797 So. 2d 1281, 1282 (Fla. 4th DCA 2001); Thompson v. Wainwright, 447 So. 2d 383 (Fla. 4th DCA 1984); Pauldo v. State, 390 So. 2d 125, 126 (Fla. 4th DCA 1980); Gordon v. State, 379 So. 2d 1022 (Fla. 1st DCA 1980). See also Voulo v. Wainwright, 290 So. 2d 58 (Fla.1974) (explaining that a defendant cannot be on parole and in jail…
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Washington Louis v. State, 797 So. 2d 1281 (Fla. 4th DCA 2001)…be proven by a preponderance of the evidence). We do, however, find merit in appellant’s second claim that he is entitled to credit for the 280 days he spent in the county jail awaiting his trial on the pending charges. See Thompson v. Wainwright, 447 So. 2d 383 (Fla. 4th DCA 1984) (“when a defendant is arrested and placed in jail while on probation or parole, he is entitled to credit for time served on his original charge once his probation or parole is revoked....”); Gordon v. State, 379 So. 2d 1022 (Fla.…
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- Healey v. State, 389 So. 2d 278 (Fla. 3d DCA 1980)