582 So. 2d 1239 | Fla. Dist. Ct. App. | 1991
Petitioner James R. Cook, alleging a violation of his right to a speedy trial, files this petition for writ of prohibition, prohibiting the trial court from proceeding to trial on the criminal charges filed against the petitioner on May 14, 1991. We grant the writ.
Florida Rule of Criminal Procedure 3.191(a)(1) provides that subject to certain limitations, every person charged with a felony shall be brought to trial within 175 days. After that time, under Rule 3.191(i)(2), the defendant may move for dis
In the instant case, defendant was arrested on September 21, 1989. On December 4, 1989, the state filed a nolle prosequi, based on the unavailability of the alleged victim.
Accordingly, we grant the writ and prohibit the trial court from proceeding as to the above criminal charges.
. The' nolle prosequi came after the execution of a nonprosecution form by the alleged victim's guardian. The charges were refiled when the new custodial parent wanted the case prosecuted.