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Florida District Courts of Appeal, 1992

Heller v. State

Heller v. State
Florida District Courts of Appeal · Decided July 28, 1992 · Nesbitt, Ferguson and Cope
601 So. 2d 642; 1992 WL 175909 (Southern Reporter, Second Series)

Heller v. State

Opinion

601 So.2d 642 (1992)

William Steven HELLER, Petitioner,
v.
The STATE of Florida, Respondent.

No. 91-3070.

District Court of Appeal of Florida, Third District.

July 28, 1992.

Leighton G. Morse, Key West, George T. Pallas, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Leslie Schreiber, Asst. Atty. Gen., for respondent.

Before NESBITT, FERGUSON and COPE, JJ.

PER CURIAM.

While this appeal was pending, we decided J.T. v. State, 601 So.2d 283 (Fla. 3d DCA 1992) (citing Tascarella v. Seay, 564 So.2d 205 (Fla. 4th DCA 1990)), which is dispositive. The fifteen-day window period provided the State by rule 3.191(i)(3), Florida Rules of Criminal Procedure, to proceed with a trial of the defendant after the speedy trial period has expired and a motion for discharge has been filed, may not be extended for exceptional circumstances by a motion filed within the window period.

Prohibition is granted. The order denying the motion for discharge is quashed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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