WILLIAM STEVEN HELLER, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
WILLIAM STEVEN HELLER, PETITIONER,
THE STATE OF FLORIDA, RESPONDENT
601 So. 2d 642
Florida District Court of Appeal, Third District (1992)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
While this appeal was pending, we decided J.T. v. State, 601 So. 2d 283 (Fla. 3d DCA 1992) (citing Tascarella v. Seay, 564 So. 2d 205 (Fla. 4th DCA 1990)), which is dispositive. The fifteen-day window period provided the State by rule 3.191(i)(3), Florida Rules of Criminal Procedure, to proceed with a trial of the defendant after the speedy trial period has expired and a motion for discharge has been filed, may not be extended for exceptional circumstances by a motion filed within the window period.
Prohibition is granted. The order denying the motion for discharge is quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 715 So. 2d 241 (Fla. 1998)…o. 2d 725, 727 (Fla.1978) ("Our speedy trial rule was promulgated in order to promote the efficient operation of the court system and to act as a stimulus to prosecutors to bring defendants to trial as soon as practicable_”). . See Heller v. State, 601 So. 2d 642 (Fla. 3d DCA 1992); Vallieres v. Grossman, 573 So. 2d 196 (Fla. 4th DCA 1991); Tascarella v. Seay, 564 So. 2d 205 (Fla. 4th DCA 1990). Cf. J.T. v. State, 601 So. 2d 283 (Fla. 3d DCA 1992) (same rule for juvenile proceedings).…1 / 3
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State v. Bryant Eubanks, 630 So. 2d 200 (Fla. 4th DCA 1993)…196 (Fla. 4th DCA 1991) and Tascarella v. Seay, 564 So. 2d 205 (Fla. 4th DCA), rev. denied, 569 So. 2d 1280 (Fla.1990), that an extension for a speedy trial cannot be obtained after the expiration of the 175 day time period. Accord Heller v. State, 601 So. 2d 642 (Fla. 3d DCA 1992). Although Vallieres, Tascarella and Heller involved motions for extension for exceptional circumstances, the same principle of law applies here. Accordingly, we agree that the trial court had no authority on May 4, 1990, to grant…
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Brown v. State, 695 So. 2d 1275 (Fla. 1st DCA 1997)…with no discussion of the facts. Vallieres v. Grossman, 573 So. 2d 196, 197 (Fla. 4th DCA 1991) (holding that “an extension of speedy trial time cannot be obtained for ‘exceptional circumstances’ after expiration of the 175 days”); Heller v. State, 601 So. 2d 642, 642 (Fla. 3d DCA 1992) (“The fifteen-day window period provided the State by rule 3.191(i)(3), Florida Rules of Criminal Procedure, to proceed with a trial of the defendant after the speedy trial period has expired and a motion for discharge has be…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tascarella v. The Honorable Russell E. Seay, Jr., 564 So. 2d 205 (Fla. 4th DCA 1990)
- Wooden v. State, 601 So. 2d 283 (Fla. 1st DCA 1992)