McNeal v. State
McNeal v. State
Opinion of the Court
Andre L. McNeal appeals his convictions for sale of cocaine and resisting arrest without violence. McNeal entered a no contest plea to the charges, reserving the right to appeal the denial of his dispositive motion for discharge based on a speedy trial violation. He argues on appeal that the trial court erred in sua sponte striking his demand for speedy trial. “A demand [for speedy trial] filed by the accused who has not diligently investigated his case or who is not timely prepared for trial shall be stricken as invalid upon motion by the prosecuting attorney.” Fla. R.Crim. P. 3.191(c) (emphasis added). Although the trial court’s order states that it was entered upon oral motion of the State, there
Reversed with directions to discharge McNeal in accordance with Florida Rule of Criminal Procedure 3.191(p)(3).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.