¶1Jeffrey Fields seeks a writ of prohibition following the trial court’s denial of his motion to discharge pursuant to Fla.R.Crim.P. 3.191. In response to our rule nisi, counsel for the state has commendably indicated that the facts in this case are substantially similar to those in State ex rel. Smith v. Nesbitt, 355 So.2d 202 (Fla. 3d DCA 1978). We grant prohibition on that authority.
¶2Prohibition granted.
¶3. We presume it will not be necessary to issue the writ formally.