STATE OF FLORIDA, APPELLANT,
v.
JOHN FERRAS, APPELLEE
STATE OF FLORIDA, APPELLANT,
JOHN FERRAS, APPELLEE
467 So. 2d 765
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse and remand upon the authority of Jenkins v. State, 389 So. 2d 971 (Fla. 1980). Florida Rule of Criminal Procedure 3.191(g) calls for a ninety-day extension, beginning on receipt of the mandate, and is equally applicable whether the state or defendant brings the interlocutory appeal and regardless of whether the appeal succeeds or fails. Absent the rule, a ninety-day extension is appropriate in all such eases. See Jenkins, supra, and numerous district court opinions, e.g., State v. McQuay, 423 So. 2d 1001 (Fla. 3d DCA 1982). The trial court’s initial order, granting the ninety-day extension, which it was later persuaded to withdraw, was correct.
HERSEY, GLICKSTEIN and BARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Rohm, 645 So. 2d 968 (Fla. 1994)…and remand for further proceedings consistent with this 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 pr…
Authorities Cited
- State v. Jenkins, 389 So. 2d 971 (Fla. 1980)
- State v. McQUAY, 423 So. 2d 1001 (Fla. 3d DCA 1982)