Summary
reversing discharge under speedy trial rule because defendants demand for speedy trial was filed prior to the filing of the information rendering it null and ineffective
Summary of this case from State v. NiemanOpinion
No. II-321.
October 4, 1978. Rehearing Denied November 8, 1978.
Appeal from the Circuit Court, Volusia County, J. Robert Durden, J.
Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellant.
Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellee.
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.