Hall v. State

District Court of Appeal of Florida

Hall v. State

348 So. 2d 932, 1977 Fla. App. LEXIS 16107

CourtDistrict Court of Appeal of Florida

DecidedAugust 3, 1977

DocketNo. 76-1726

StatusPublished

Cited by3 cases

This text of 348 So. 2d 932 (Hall v. State) 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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Hall v. State, 348 So. 2d 932, 1977 Fla. App. LEXIS 16107 (Fla. Ct. App. 1977).

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Opinion

McNULTY, Acting Chief Judge.

The only issue meriting discussion is whether, for the purposes of the speedy trial rule, a trial commences when the prospective jurors have been sworn for examination of their qualifications to act as jurors for the week but are not seated for voir dire in the particular trial. The case of State v. May, 332 So.2d 146 (Fla. 3d DCA 1976), answered this question in the negative. We agree. Fla.R.Crim.P. 3.191(a)(3).

In the instant case it appears that on the last day of the speedy trial period, the first [933]*933day of the trial week, prospective jurors were sworn to examine their qualifications to serve for the week. None were seated for voir dire in this specific case. The next day appellant’s motion for discharge was filed, heard and erroneously denied. The speedy trial time had run. Appellant was, and is, entitled to discharge.

Reversed and remanded for further proceedings not inconsistent herewith.

GRIMES and OTT, JJ., concur.

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