CHRISTY
v.
STATE
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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.
[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…
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Join FLexlaw to unlock all legal intelligenceChristy 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…
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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.