Sterling v. State

District Court of Appeal of Florida

Sterling v. State

728 So. 2d 340, 1999 Fla. App. LEXIS 2677, 1999 WL 129857

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1999

DocketNo. 98-1866

StatusPublished

Cited by2 cases

This text of 728 So. 2d 340 (Sterling 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.

Bluebook

Sterling v. State, 728 So. 2d 340, 1999 Fla. App. LEXIS 2677, 1999 WL 129857 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Because petitioner did not file a notice of expiration of speedy trial as required by Florida Rule of Criminal Procedure 3.191(h), he is not entitled to discharge. See Dabkowski v. State, 711 So.2d 1219 (Fla. 5th DCA 1998) and Clark v. State, 698 So.2d 1274 (Fla. 3d DCA 1997). In addition, this court has held that prohibition is not an appropriate proceeding for determining disputed issues of fact or to review the sufficiency of the evidence to support the trial court’s findings-on which the order denying discharge is based. McKinney v. Yawn, 625 So.2d 885 (Fla. 1st DCA 1993). Accordingly, the petition for writ of prohibition is DENIED.

MINER, ALLEN and KAHN, JJ., concur.

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PER CURIAM.

Because petitioner did not file a notice of expiration of speedy trial as required by Florida Rule of Criminal Procedure 3.191(h), he is not entitled to discharge. See Dabkowski v. State, 711 So.2d 1219 (Fla. 5th DCA 1998) and Clark v. State, 698 So.2d 1274 (Fla. 3d DCA 1997). In addition, this court has held that prohibition is not an appropriate proceeding for determining disputed issues of fact or to review the sufficiency of the evidence to support the trial court’s findings-on which the order denying discharge is based. McKinney v. Yawn, 625 So.2d 885 (Fla. 1st DCA 1993). Accordingly, the petition for writ of prohibition is DENIED.

MINER, ALLEN and KAHN, JJ., concur.

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Bluebook (online)

728 So. 2d 340, 1999 Fla. App. LEXIS 2677, 1999 WL 129857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterling-v-state-fladistctapp-1999.

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