State v. Jackson

District Court of Appeal of Florida

State v. Jackson

566 So. 2d 951, 1990 Fla. App. LEXIS 7322, 1990 WL 139630

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1990

DocketNo. 89-2576

StatusPublished

Cited by1 cases

This text of 566 So. 2d 951 (State v. Jackson) 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.

Bluebook

State v. Jackson, 566 So. 2d 951, 1990 Fla. App. LEXIS 7322, 1990 WL 139630 (Fla. Ct. App. 1990).

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Opinion

GRIFFIN, Judge.

The state has appealed an order discharging defendant based on speedy trial. The trial court granted defendant’s ore tenus motion for discharge made on the day this case was set to be tried instead of ordering that the defendant be brought to trial within 10 days. See Fla.R.Crim.P. 3.191(i)(3). It was error to ignore the window period of the speedy trial rule. See State v. Calle, 560 So.2d 355 (Fla. 5th DCA 1990); State v. Palmieri, 558 So.2d 53 (Fla. 2d DCA), juris, accepted, 564 So.2d 488 (Fla.1990).

REVERSED.

DAUKSCH and HARRIS, JJ., concur.

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GRIFFIN, Judge.

The state has appealed an order discharging defendant based on speedy trial. The trial court granted defendant’s ore tenus motion for discharge made on the day this case was set to be tried instead of ordering that the defendant be brought to trial within 10 days. See Fla.R.Crim.P. 3.191(i)(3). It was error to ignore the window period of the speedy trial rule. See State v. Calle, 560 So.2d 355 (Fla. 5th DCA 1990); State v. Palmieri, 558 So.2d 53 (Fla. 2d DCA), juris, accepted, 564 So.2d 488 (Fla.1990).

REVERSED.

DAUKSCH and HARRIS, JJ., concur.

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Bluebook (online)

566 So. 2d 951, 1990 Fla. App. LEXIS 7322, 1990 WL 139630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-fladistctapp-1990.

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