CHRISTY
v.
STATE

Fla. 1st DCA | 2018-10-03
No. 1D18-3233
Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw
253 So. 3d 1266 Florida District Court of Appeal, First District (2018)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The speedy trial period runs from the date of arrest as to the specific arrest warrant, not from an earlier date when the defendant was incarcerated on other charges.


Headnotes

[1] For purposes of calculating the speedy trial period under Florida Rule of Criminal Procedure 3.191, the relevant arrest date is the execution of the arrest warrant on the…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Christy was incarcerated on other charges and filed a demand for and notice of expiration of speedy trial before an arrest warrant related to this cas…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA _____________________________

No. 1D18-3233 _____________________________

KEVIN L. CHRISTY,

Petitioner,

v. STATE OF FLORIDA,

Respondent.

_____________________________

Petition for Writ of Prohibition—Original Jurisdiction.

October 3, 2018 PER CURIAM.

The “petition for writ of prohibition habeas corpus, ad prosequendum, mandamus and/or discharge” is denied on the merits. See Florida Rule of Criminal Procedure 3.191 (providing that the period for speedy trial without demand runs from the date of arrest, and the period for speedy trial upon demand runs from the date of the indictment or information). Here, even though Petitioner was incarcerated on other charges, the arrest warrant related to this case was not executed until August 28, 2018. Thus, the speedy trial period had not begun to run as Petitioner filed the demand for and notice of expiration of speedy trial and motion to discharge before that date.

MAKAR, OSTERHAUS, and M.K. THOMAS, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

Kevin L. Christy, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw