STATE OF FLORIDA EX REL. RONALD LEE KEEHN, PETITIONER,
v.
THE HONORABLE DONALD C. EVANS, CIRCUIT JUDGE, THIRTEENTH JUDICIAL CIRCUIT, RESPONDENT
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The court held that the defendant should be discharged because the speedy trial period had expired due to clerical error, not his fault.
[1] A defendant is entitled to discharge under the speedy trial rule when the speedy trial period has expired and the defendant's failure to appear at arraignment was due to…
[2] A defendant fulfills their obligation to provide a change of address by mailing a completed change of address form furnished by the court clerk.
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Join FLexlaw to unlock all legal intelligenceKeehn was arrested, released on his own recognizance, and moved. He notified the clerk of his new address, but notice of arraignment was sent to his o…
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PER CURIAM.
Ronald Keehn seeks a writ of prohibition barring the circuit court from proceeding with trial on felony charges in violation of the speedy trial rule. All parties agree that the rules in effect prior to the 1985 amendment of Florida Rule of Criminal Procedure 3.191 apply. State v. Green, 473 So. 2d 823 (Fla. 2d DCA 1985).
Keehn was arrested in Hillsborough County April 21, 1984. In early August he was released from jail on his own recognizance. Upon leaving jail he listed a Tampa address. Shortly thereafter he moved to his parents’ residence in Kentucky, but he mailed the clerk of the circuit court notice of this change of address, using a form that had been furnished to him for that purpose. An information was filed August 27, 1984, and arraignment scheduled for September 5. Notice of the arraignment inadvertently was mailed only to the Tampa address, and was returned as undeliverable. Because Keehn did not appear at the arraignment a warrant issued for his arrest. He was apprehended in February 1986 and, since the speedy trial period had long since expired, he moved for discharge.
The trial court, denying the motion for discharge, stated that Keehn “failed to give his correct home address upon release from county jail.” The state, responding to the present petition, added that Keehn “arranged matters so he would not get notice.” The record supports neither conclusion. There is no indication that the trial court, releasing Keehn from jail in August 1984, placed any restrictions upon Keehn’s movement. Rather, Keehn, by mailing the change of address form in timely fashion, appears to have done everything requested of him. As the trial court prosecutor candidly, and commendably, conceded, Keehn’s failure to appear at arraignment was the result of clerical error. Consequently, he was available for trial. Clinton v. State, 451 So. 2d 893 (Fla. 3d DCA 1984); Fla.R.Crim.P. 3.191(e).
The petition for writ of prohibition is granted and this case is remanded to the circuit court with directions to discharge the petitioner. DANAHY, C.J., and FRANK and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cambrick v. State, 593 So. 2d 613 (Fla. 2d DCA 1992)…tself, that Cambrick failed to appear for at least one court hearing. He states that this failure to appear was the result of misinformation from court personnel, thus he was not “unavailable” for speedy trial purposes. State ex rel. Keehn v. Evans, 491 So. 2d 315 (Fla. 2d DCA 1986). However, Cambrick does not actually allege that the 175-day speedy trial period expired without counsel taking note of it. Furthermore, Cambrick waived his speedy trial rights by entering the no contest pleas previously discussed…
Authorities Cited
- State v. Green, 473 So. 2d 823 (Fla. 2d DCA 1985)
- Levy v. Levy, 451 So. 2d 893 (Fla. 3d DCA 1984)
- Clinton v. State, 451 So. 2d 893 (Fla. 3d DCA 1984)