Collier v. Edwards

District Court of Appeal of Florida

Collier v. Edwards

247 So. 2d 450, 1971 Fla. App. LEXIS 6658

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 1971

DocketNo. 70-964

StatusPublished

Cited by1 cases

This text of 247 So. 2d 450 (Collier v. Edwards) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Collier v. Edwards, 247 So. 2d 450, 1971 Fla. App. LEXIS 6658 (Fla. Ct. App. 1971).

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PER CURIAM.

This is a Petition for Writ of Prohibition based upon the alleged failure of the State to accord the defendant a speedy trial as required by F.S. 915.01 (2), F.S.A., Laws of 1969. We deny the Petition for two reasons. First, three full terms did not elapse following the first written demand of trial. Clawson v. Baker, 245 So.2d 223, Supreme Court Opinion filed March 3, 1971; Woodward v. Edwards, 244 So.2d 438, Fourth District Court of Appeal Opinion filed December 11, 1970. Contra, State ex rel. Retchin v. Turner, Fla.App.1970, 243 So.2d 168. Second, the operation of the speedy trial statute, supra, was tolled or stayed upon the filing of the interlocutory appeal by the State. State v. Cook, Fla.App.1967, 201 So.2d 769.

Denied.

WALDEN and OWEN, JJ., concur. CROSS, C. J., dissents with opinion.

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PER CURIAM.

This is a Petition for Writ of Prohibition based upon the alleged failure of the State to accord the defendant a speedy trial as required by F.S. 915.01 (2), F.S.A., Laws of 1969. We deny the Petition for two reasons. First, three full terms did not elapse following the first written demand of trial. Clawson v. Baker, 245 So.2d 223, Supreme Court Opinion filed March 3, 1971; Woodward v. Edwards, 244 So.2d 438, Fourth District Court of Appeal Opinion filed December 11, 1970. Contra, State ex rel. Retchin v. Turner, Fla.App.1970, 243 So.2d 168. Second, the operation of the speedy trial statute, supra, was tolled or stayed upon the filing of the interlocutory appeal by the State. State v. Cook, Fla.App.1967, 201 So.2d 769.

Denied.

WALDEN and OWEN, JJ., concur. CROSS, C. J., dissents with opinion.

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247 So. 2d 450, 1971 Fla. App. LEXIS 6658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-v-edwards-fladistctapp-1971.

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