State v. Hayes
State v. Hayes
Opinion of the Court
The state appeals the trial court’s order granting the appellee’s motion for discharge alleging that he had not been brought to trial within the speedy trial period. We reverse.
The appellee, Timothy Hayes, was arrested for introducing contraband into a correctional facility. Prior to the filing of any charging instrument, the appellee filed a demand for trial pursuant to Florida Rule of Juvenile Procedure 8.180. The state subsequently filed an information charging
A demand for speedy trial filed prior to the filing of an information is a nullity. State v. Branam, 434 So.2d 950 (Fla. 2d DCA 1983). See also, State v. Hill, 313 So.2d 766 (Fla. 1975); Fla.R. Crim.P. 3.191(a)(2); Fla.R.Juv.P. 8.180(f)(2). We, accordingly, reverse the trial court’s order discharging the appellee and remand for proceedings consistent herewith.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.