State v. Ferras

Florida District Courts of Appeal
State v. Ferras, 467 So. 2d 765 (1985)
10 Fla. L. Weekly 914; 1985 Fla. App. LEXIS 13404
Barrett, Glickstein, Hersey

State v. Ferras

Opinion of the Court

PER CURIAM.

We reverse and remand upon the authority of Jenkins v. State, 389 So.2d 971 (Fla. 1980). Florida Rule of Criminal Procedure 3.191(g) calls for a ninety-day extension, beginning on receipt of the mandate, and is equally applicable whether the state or defendant brings the interlocutory appeal and regardless of whether the appeal succeeds or fails. Absent the rule, a ninety-day extension is appropriate in all such eases. See Jenkins, supra, and numerous district court opinions, e.g., State v. McQuay, 423 So.2d 1001 (Fla. 3d DCA 1982). The trial court’s initial order, granting the ninety-day extension, which it was later persuaded to withdraw, was correct.

HERSEY, GLICKSTEIN and BARRETT, JJ., concur.

Reference

Full Case Name
STATE of Florida v. John FERRAS
Cited By
2 cases
Status
Published