THE HONORABLE ALFONSO C. SEPE, AS JUDGE OF THE CRIMINAL COURT OF RECORD, IN AND FOR DADE COUNTY, FLORIDA, PETITIONER,
v.
THE STATE OF FLORIDA EX REL. HERMAN BOREN, RESPONDENT; THE HONORABLE ALFONSO C. SEPE, AS JUDGE OF THE CRIMINAL COURT OF RECORD, IN AND FOR DADE COUNTY, FLORIDA, PETITIONER, V. STATE OF FLORIDA EX REL. JAMES WATERMAN, RESPONDENT
THE HONORABLE ALFONSO C. SEPE, AS JUDGE OF THE CRIMINAL COURT OF RECORD, IN AND FOR DADE COUNTY, FLORIDA, PETITIONER,
THE STATE OF FLORIDA EX REL. HERMAN BOREN, RESPONDENT; THE HONORABLE ALFONSO C. SEPE, AS JUDGE OF THE CRIMINAL COURT OF RECORD, IN AND FOR DADE COUNTY, FLORIDA, PETITIONER, V. STATE OF FLORIDA EX REL. JAMES WATERMAN, RESPONDENT
271 So. 2d 116
Florida Supreme Court (1972)
Positive Treatment
Cited by 6 cases
Opinion of the Court
This cause is before us to review the decision of the District Court reported at 256 So.2d 259, a decision certified by the District Court as passing on a question of great public interest, to-wit:
“The construction of the speedy trial rule, and particularly, what exceptional circumstances are required to be present to permit a trial to be held without the maximum limitations contained in the rule.”
After argument and upon consideration of the record and briefs, we hold that the District Court of Appeal has correctly de*117cided the cause and its decision is adopted as the ruling of this Court.
Accordingly, certiorari is discharged.
It is so ordered.
ERVIN, CARLTON, BOYD and Mc-CAIN, JJ., concur.
ROBERTS, C. J., and ADKINS and DEKLE, JJ., dissent. ■
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alphonso Stuart v. State, 360 So. 2d 406 (Fla. 1978)…eparation of a case for trial were occasioned by delay on the part of the state, they will not be deemed to justify a delay of the trial and an extension of the rule period. State ex rel. Boren v. Sepe, 256 So. 2d 259 (Fla.3d DCA), cert. discharged, 271 So. 2d 116 (Fla.1972). [*413] Because such an extension for exceptional circumstances must be by order of the court, Florida Rule of Criminal Procedure 3.191(d)(2), and will not be automatic or presumed from the circumstances, State v. Cannon, 332 So. 2d 127 (…
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State v. Boren, 273 So. 2d 415 (Fla. 3d DCA 1973)…d in the Bryant case and that decision is controlling. Therefore, the order of the trial court dismissing the third information is hereby affirmed. Affirmed. . State ex rel. Boren v. Sepe, Fla.App.1972, 256 So. 2d 259, cert. discharged, Fla.1972, 271 So. 2d 116. . In Bryant, however, the defendant was initially charged with conspiracy to commit bribery and later with a substantive charge of bribery.…
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State ex rel. Mary Louise Mullins v. The Honorable William T. Swigert, 345 So. 2d 386 (Fla. 1st DCA 1977)…ng, pursuant to Fla.R.Crim.P. 3.191(f)(ii), that the case was so unusual or complex as to justify the court’s order continuing the case for trial beyond 180 days. See State ex rel Boren v. Sepe, 256 So. 2d 259 (Fla.3rd DCA 1972), cert. denied, Fla., 271 So. 2d 116. Nevertheless, the court’s order of continuance, although erroneous, having been made within the time prescribed by the rule, was within the court’s jurisdiction. The prayer of the suggestion for writ of prohibition is denied and the rule nisi is d…
Authorities Cited
- State of Fla. ex rel. Herman Boren v. The Honorable Alfonso C. Sepe, 256 So. 2d 259 (Fla. 3d DCA 1972)