Bustos v. Fleet

District Court of Appeal of Florida

Decided January 16, 1985

District Court of Appeal of Florida · decided 1985-01-16

Cited by 2 later decisions — most recently February 1986

2 state decisions

Key passage — most relied on by later courts

“Is the convenience to the state of trying co-defendants together a sufficient reason in and of itself to extend an objecting defendant’s speedy trial time and deny a motion to sever when a delay is necessary to accommodate a co-defendant?”

quoted by 1 later decision, including 482 So. 2d 1368 - Fleet v. Bustos

Relies on 457 So. 2d 558 - State v. Littlefield

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-16

View the full empirical analysis of this case →

¶1ON MOTION FOR REHEARING

LETTS, Judge.

¶2We grant the rehearing motion. Our opinion filed November 28, 1984 is substituted by the following:

¶3The Writ of Prohibition is granted on the authority of State v. Littlefield, 457 So.2d 558 (Fla. 4th DCA 1984). Nevertheless, because the issue presented here arises frequently and has considerable impact on the administration of justice, we certify the following question of great public importance:

IS THE CONVENIENCE TO THE STATE OF TRYING CODEFENDANTS TOGETHER A SUFFICIENT REASON IN AND OF ITSELF TO EXTEND AN OBJECTING DEFENDANT’S SPEEDY TRIAL TIME AND DENY A MOTION TO SEVER WHEN A DELAY IS NECESSARY TO ACCOMMODATE A CO-DEFENDANT?

¶4This cause is remanded with instructions to discharge the petitioner.

HERSEY and DELL, JJ., concur.