J. LEONARD FLEET, JUDGE, PETITIONER,
v.
CARLOS SERRATO BUSTOS, RESPONDENT
J. LEONARD FLEET, JUDGE, PETITIONER,
CARLOS SERRATO BUSTOS, RESPONDENT
482 So. 2d 1368
Florida Supreme Court (1986)
Caution
Cited by 6 cases
Topics
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Opinion of the Court
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 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?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in the negative in Miner v. Westlake, 478 So. 2d 1066 (Fla.1985). On the authority of Miner we answer in the negative and approve the decision of the district court.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDonald, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lasker v. The Honorable James S. Parker & the Honorable John R. Blue, 513 So. 2d 1374 (Fla. 2d DCA 1987)…enuinely prepared to go to trial in no more than five days. Fla.R. Crim.P. 3.191(c). Otherwise the demand is ineffective and failure to honor it does not entitle the defendant to discharge. Darby v. State, 463 So. 2d 496 (Fla. 1st DCA 1985), aff'd., 482 So. 2d 1368 (Fla.1986). Where, however, a demand for speedy trial, unlike a motion for discharge, represents an affirmative effort on behalf of the defendant to avail himself of additional, contingent rights under the rule, such defendant must fulfill the conco…
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State v. Reaves, 609 So. 2d 701 (Fla. 4th DCA 1992)…s alleging insufficient information to prepare a defense two weeks after demand, defendant admitted his demand was spurious, because it indicated he was, or would be, prepared for trial); Darby v. State, 463 So. 2d 496 (Fla. 1st DCA 1985), approved, 482 So. 2d 1368 (Fla.1986) (a defendant who files in bad faith a demand when he obviously is not prepared to go to trial within the period provided in rule 3.191(a)(2) is not entitled to rely on the lesser period in which to be tried). On the other hand, in State…
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Garcia v. State, 498 So. 2d 401 (Fla. 1986)…(3), Fla.Const. In Westlake, we held that state “convenience” in a joint trial is not an exceptional circumstance under rule 3.191(d)(2), Florida Rule of Criminal Procedure, justifying extension of the speedy trial period. See also Fleet v. Bustos, 482 So. 2d 1368 (Fla.1986); State v. Darby, 482 So. 2d 1368 (Fla.1986). In the instant case, the state claims that a conspiracy charge and its attendant complications justify an extension beyond the speedy trial limit. We disagree. The conspiracy charge, without an…1 / 2
Authorities Cited
- Miner v. Westlake, 478 So. 2d 1066 (Fla. 1985)
- Bustos v. The Honorable J. Leonard Fleet, 461 So. 2d 1039 (Fla. 4th DCA 1985)