IN RE FLORIDA RULES OF CRIMINAL PROCEDURE
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Rule 1.191 of the Florida Rules of Criminal Procedure, 33 F.S.A. was adopted by this court as an emergency matter “until further order of this court.” In re Florida Rules of Criminal Procedure, 245 So.2d 33 (Fla.1971).
Upon consideration, Rule 1.191 (i) (2) is amended to read:
Rule 1.191 — SPEEDY TRIAL.
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(1) Schedule.
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(2) The trial of all persons taken into custody prior to the effective date of this rule shall commence on or before September 27, 1971, unless a written demand for speedy trial is made. Upon such demand trial shall commence within sixty days from service of such demand upon the prosecuting attorney. If a person is released upon bail or otherwise, and makes no demand for speedy trial, the trial of such person shall commence on or before November 1, 1971.
This amendment shall not affect the rights of any person heretofore discharged.
Because of the emergency presently existing, this rule is effective immediately and a petition for rehearing will not be allowed.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and McCAIN, JJ., concur.
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Eastwood v. Hall, 258 So. 2d 269 (Fla. 2d DCA 1972)…prohibition will not lie in the absence of an in futuro violation of such rule. Prohibition denied. PIERCE, C. J., and LILES, J., concur. . In re Florida Rules of Criminal Procedure (Fla.1971), 245 So. 2d 33. . Id., as amended (August 19, 1971), 251 So. 2d 537. . See, paragraph (a) (2) of the rule, 251 So. 2d at p. 537, which provides that upon written demand for speedy trial, the “trial shall commence within sixty days from service of such demand . . One of the petitioners herein filed such a demand, h…
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State v. Williams, 287 So. 2d 415 (Fla. 2d DCA 1973)…e trial of any person taken into custody prior to the effective date of the Rule who was released upon bail and made no demand for a speedy trial should be commenced on or before November 1, 1971. In re Florida Rules of Criminal Procedure, Fla.1971, 251 So. 2d 537. On October 27, 1971, this Court affirmed the order dismissing the felony-murder charge. State v. Williams, Fla.App.1971, 254 So. 2d 548. Thereafter, on November 29, 1971, the State obtained an order setting the appellees’ trial on the arson charge…
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State of Fla. ex rel. Willie L. Reynolds v. Honorable Ben C. Willis, 255 So. 2d 287 (Fla. 1st DCA 1971)…d. The only authority cited by the respondent in the instant petitions for rehearing in support of his position is In Re Florida Rules of Criminal Procedure, Case No. 40,827 in the records of the Florida Supreme Court, opinion filed on August 1971, 251 So. 2d 537. In that opinion the Supreme [*291] Court amended the provision in Rule 3.191 (i) (2), and in that opinion the Supreme Court stated that Rule 3.191 “was adopted by this court as an emergency matter ‘until further order of this court.’ ” The Supreme…
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- In re Florida Rules of Criminal Procedure, 245 So. 2d 33 (Fla. 1971)