STATE OF FLORIDA EX REL. TIMOTHY S. KELLEY, RELATOR,
v.
THE HONORABLE ROBERT RAWLINS, RESPONDENT
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A 15-year-old minor challenges the indictment of charges for armed robberies committed in April 1973 after the same charges were previously dismissed in juvenile court for violation of speedy trial rules. The appellate court granted prohibition to prevent prosecution of the recharged offenses.
Prohibition is granted. The court held that the State is prohibited from prosecuting the recharged offenses, relying on the Fifth Circuit's decision in Fain v. Duff, which addressed the issue of double prosecution following a speedy trial dismissal.
[1] A prior dismissal of a petition with prejudice for violation of speedy trial rules bars subsequent prosecution for the same offenses.
[2] A juvenile's arrest for offenses that are subsequently dismissed with prejudice due to speedy trial violations does not toll the speedy trial period for a later adult pro…
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Join FLexlaw to unlock all legal intelligence“On August 10, 1973, upon Motion for Discharge filed by defense counsel, that Court entered its Order dismissing Petition with prejudice and further directed that the case be closed because Rule 3.191, Florida Rules of Criminal Procedure, had been violated.”
Establishes the original dismissal of charges in juvenile court on speedy trial grounds
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Join FLexlaw to unlock all legal intelligenceRelator, age 15, was arrested in April 1973 for armed robbery. Complaints were filed with the Division of Youth Services, and a three-count petition w…
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PER CURIAM.
Relator, a minor of 15 years of age, was arrested on April 7, 1973, at a convenience store for armed robbery of that store on March 20, 1973.
On April 13, 1973, a Complaint was filed with an Intake Officer with the Division of Youth Services of Hillsborough County, Florida, alleging the Relator to be delinquent by alleging that he committed the aforesaid offense.
On April 23, 1973, Relator was arrested at his home for armed robbery of two convenience stores on April 19, 1973.
On May 2, 1973, a two-count Complaint was filed with an Intake Officer with the Division of Youth Services of Hillsbor-ough County, Florida alleging the Relator to be delinquent by alleging that he committed the two aforesaid offenses.
On May 24, 1973, the State Attorney of Hillsborough County, Florida, filed a three-count Petition in the Juvenile and Domestic Relations Division of the Circuit Court, Thirteenth Judicial Circuit in and for Hillsborough County, Florida, requesting that that Court take jurisdiction of Relator and adjudicate him to be a delinquent child for committing the aforesaid offenses.
On August 10, 1973, upon Motion for Discharge filed by defense counsel, that Court entered its Order dismissing Petition with prejudice and further directed that the case be closed because Rule 3.191, Florida Rules of Criminal Procedure, had been violated.
No appeal from that Order dismissing Petition was taken by the State of Florida.
On October 10, 1973, 170 days after Relator was arrested for armed robbery the second time (April 23, 1973), the State Attorney of Hillsborough County, Florida, obtained two (2) grand jury indictments charging Relator with the crimes of April 19, 1973, as had been previously charged in the Petition filed May 24, 1973, and dismissed on August 10, 1973.
On October 11, 1973, at 5:00 P.M., Relator was again arrested at his home for the April 19, 1973 offenses.
On Friday, October 12, 1973, at 9:00 A. M. Relator was arraigned on both indictments and entered a plea of not guilty to both indictments. Trial was scheduled on the first indictment for the following Tuesday, October 16, 1973, and on the second indictment for the following day, Wednesday, October 17, 1973.
Both cases were scheduled to be heard before the Honorable Robert Rawlins, Circuit Judge, Hillsborough County, Florida.
At arraignment, Relator made a Motion to Dismiss and Quash the indictments, which motion the Court denied. This proceeding followed.
We had initially thought that prohibition ought be denied on the authority of State v. R.E.F.1 However, since that determination R.E.F., supra, was taken to the federal courts and the Fifth Circuit Court of Appeals granted habeas corpus therein and quashed the Florida decisions. Accordingly, prohibition is hereby granted on the authority of Fain v. Duff (U.S. 5th Cir. 1973), 488 F. 2d 218, decided December 7, 1973.
In view whereof, the rule heretofore issued herein should be, and it is hereby, made absolute.
Prohibition granted.
MANN, C. J., and McNULTY and BOARDMAN, JJ., concur. . (Fla.App. 1st, 1971), 251 So. 2d 672, aff’d (Fla.1972), 265 So. 2d 701.
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Citator
Cited By
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The Honorable Robert W. Rawlins v. Kelley, 322 So. 2d 10 (Fla. 1975)…ROBERTS, Justice. This cause is before us on Petition for Writ of Certiorari granted to review the decision of the District Court of Appeal, Second District, in State ex rel. Kelly v. Rawlins, 289 So. 2d 444 (Fla.App. 2nd 1974), which purportedly conflicts with State ex rel. Williams v. Grayson, 90 So. 2d 710 (Fla.1956), State v. Bernard, 254 So. 2d 38 (Fla.App. 3rd, 1975). Respondent, a minor of 15 years of age, was arrested on April 7, 1973, at a con…
Authorities Cited
- Fain v. Duff, 488 F.2d 218 (5th Cir. 1973)
- State v. R. E. F., 251 So. 2d 672 (Fla. 1st DCA 1971)
- R. E. F. v. State, 265 So. 2d 701 (Fla. 1972)