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533 So. 2d 920

533 So.2d 920

13 Fla.L.Weekly 2544

State v. Willis

District Court of Appeal of Florida

Decided November 16, 1988

District Court of Appeal of Florida · decided 1988-11-16

Relies on 502 So. 2d 422 - Bloom v. McKnight · 503 So. 2d 333 - Winfield v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-16

How this case has been cited

Cited by 14 later decisions — most recently August 2005

13 state decisions

70198819902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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THREADGILL, Judge.

¶1Harold Willis was charged with sexual battery on June 18, 1987. He filed a demand for speedy trial on December 2,1987, and on January 22, 1988, the fifty-first day after the demand, moved for discharge pursuant to Rule 3.191, Fla.R.Crim.P. A hearing was held five days later, and because the trial could not be scheduled within 60 days of the original demand, the court granted the motion for discharge. The state charges error in the failure of the court to allow ten days after the hearing for trial pursuant to Fla.R.Crim.P. 3.191(i). We agree and reverse.

¶2In discharging this defendant for the state’s violation of the speedy trial rule, the trial court reasoned that a defendant is entitled to trial within sixty days of his initial demand. However, Rule 3.191(i)(4) now gives the state fifteen days after the filing of a motion for discharge to bring' a defendant to trial. Bloom v. McKnight, 502 So.2d 422 (Fla.1987). See also Win-field v. State, 503 So.2d 333 (Fla. 2d DCA 1986). The committee note to the 1984 amendment of subsection (i) clearly indicates that the intent was to give the prosecutor a full fifteen days after the filing of a motion for discharge because ten days was deemed insufficient time in which to bring a felony defendant to trial.

¶3The trial court erred in failing to comply with the requirement of Rule 3.191(i)(4) that trial be set within ten days of the hearing on the motion for discharge. We therefore reverse the order of discharge and remand with instructions that the defendant be brought to trial.

¶4REVERSED AND REMANDED.

SCHOONOVER, A.C.J., and LEHAN, J., concur.
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