State ex rel. LaPorte v. Coe
State ex rel. LaPorte v. Coe
Opinion of the Court
Pursuant to Sherrod v. Franza, 427 So.2d 161 (Fla. 1983), we entertain LaPorte’s petition for a writ of prohibition, wherein he seeks to bar the trial court from proceeding with trial in violation of the speedy trial rule. At the outset we note that this case concerns Fla.R.Crim.P. 3.191 as it existed prior to the 1984 amendment. See, e.g., State v. Green, 473 So.2d 823 (Fla. 2d DCA 1985). We agree with petitioner that the trial court erred in denying his motion for discharge, and grant the petition.
In so holding, we reject the State’s reliance on Fla.R.Crim.P. 3.191(h)(1), which we find inapplicable where 180 days has elapsed since arrest.
The petition for writ of prohibition is granted and this cause remanded to the circuit court with instructions to discharge the petitioner.
. At this point the State also filed other similar charges in addition to those involved in the instant case. Since these arise from separate episodes, and are not before us, our ruling does not affect them.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.