CARLOS SERRATO BUSTOS, PETITIONER,
v.
THE HONORABLE J. LEONARD FLEET, RESPONDENT

Fla. 4th DCA | 1985-01-16
No. 84-1825
HERSEY and DELL, JJ., concur.
461 So. 2d 1039 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 4 cases
Opinion of the Court
LETTS, Judge.

LETTS, Judge.

We grant the rehearing motion. Our opinion filed November 28, 1984 is substituted by the following:

The Writ of Prohibition is granted on the authority of State v. Littlefield, 457 So. 2d 558 (Fla. 4th DCA 1984). Nevertheless, because the issue presented here arises frequently and has considerable impact on the administration of justice, we certify the following question of great public importance:
IS THE CONVENIENCE TO THE STATE OF TRYING CODEFENDANTS TOGETHER A SUFFICIENT REASON IN AND OF ITSELF TO EXTEND AN OBJECTING DEFENDANT’S SPEEDY TRIAL TIME AND DENY A MOTION TO SEVER WHEN A DELAY IS NECESSARY TO ACCOMMODATE A CO-DEFENDANT?

This cause is remanded with instructions to discharge the petitioner. HERSEY and DELL, JJ., concur.

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Cited By

  • Fleet v. Bustos, 482 So. 2d 1368 (Fla. 1986)
    …PER CURIAM. This is a petition to review Bustos v. Fleet, 461 So. 2d 1039 (Fla. 4th DCA 1985), in which the district court granted respondent’s petition for writ of prohibition and certified the following question to be of great public importance: Is the convenience to the state of trying co-defendants together a suffic…
  • Garcia v. State, 474 So. 2d 1203 (Fla. 5th DCA 1985)
    …tion to sever when a delay is necessary to accommodate a co-defendant? 460 So. 2d at 433. The First District again certified the identical question in Darby v. State, 463 So. 2d 496 (Fla. 1st DCA 1985), as did the Fourth District in Bustos v. Fleet, 461 So. 2d 1039 (Fla. 4th DCA 1985). . LaFave & Scott, Handbook on Criminal Law, § 61 at 458 (1972); Note, 48 Yale L.J. 1447, 1450 (1939).…

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