STATE OF FLORIDA, APPELLANT,
v.
PAUL ALFRED HUMPHREY, APPELLEE
PER CURIAM.
The State appeals an order granting appellee/defendant’s motion to discharge under the speedy trial rule, Fla.R.Crim.P. 3.191(a)(2). Defendant’s demand for speedy trial, filed prior to the filing of the-information, was a nullity and was ineffective as a demand for speedy trial entitling defendant to discharge under Rule 3.191(a)(2). State v. Gravlee, 276 So. 2d 480 (Fla.1973); State ex rel. Hanks v. Goodman, 253 So. 2d 129 (Fla.1971); State v. Hill, 299 So. 2d 625 (Fla. 1st DCA 1974), quashed in part 313 So. 2d 766 (Fla.1975). Accordingly, the order discharging defendant under the speedy trial rule is reversed and the cause remanded for further proceedings consistent herewith.
McCORD, C. J., and MILLS and BOYER, JJ., concur.
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State v. Branam, 434 So. 2d 950 (Fla. 2d DCA 1983)…the foregoing pro se motions. The trial court granted appellee’s motion for discharge. We reverse. A demand for speedy trial filed prior to the filing of an information is a nullity. State v. Gravlee, 276 So. 2d 480 (Fla.1973); State v. Humphrey, 363 So. 2d 392 (Fla. 1st DCA 1968). Thus, the 60-day period under rule 3.191(a)(2) did not apply because it never began. Accordingly, the order discharging appel-lee is REVERSED and the cause is RE [*951] MANDED for proceedings consistent herewith. OTT, C.J.,…
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- State of Fla. ex rel. Terry Michael Hanks & Rudolph Frank Seymour v. The Honorable Murray Goodman, 253 So. 2d 129 (Fla. 1971)
- State v. Gravlee, 276 So. 2d 480 (Fla. 1973)
- State v. Hill, 313 So. 2d 766 (Fla. 1975)
- State v. Hill, 299 So. 2d 625 (Fla. 1st DCA 1974)