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622 So. 2d 477

Docket No. 79976.

Williams v. State

Ervin Eugene WILLIAMS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided July 1, 1993.

Supreme Court of Florida · decided 1993-07-01

Key passage — most relied on by later courts

“Several days prior to the running of the speedy trial period, the State entered a nolle prosequi and Williams was released from custody. Four days after the expiration of the speedy trial period, the State refiled identical charges based on the same incidents and Williams was rearrested. The trial court granted Williams' motion for discharge, ruling that the nol pros did not toll the running of the speedy trial period. The district court reversed, relying on Zabrani v. Cowart, 502 So.2d 1257 (Fla. 3d DCA 1986), approved, 506 So.2d 1035 (Fla. 1987), and recognizing conflict with State v. Agee, 588 So.2d 600 (Fla. 1st DCA 1991).”

quoted by 2 later decisions, including 658 So. 2d 92 - PS v. State, 656 So. 2d 1327 - Guzzetta v. Hamrick

Relies on State v. Agee · 502 So. 2d 1257 - Zabrani v. Cowart · 506 So. 2d 1035 - Zabrani v. Cowart

Good law ✅— No negative treatment on recordhow we know

Decided 1993-07-01

How this case has been cited

Cited by 11 later decisions — most recently April 2016

11 state decisions

60199320002010decided

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.

View the full empirical analysis of this case →

¶1*478 James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

¶2Robert A. Butterworth, Atty. Gen., and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for respondent.

¶3SHAW, Justice.

¶4We have for review State v. Williams,597 So.2d 960 (Fla. 5th DCA 1992), based on conflict with State v. Agee,622 So.2d 473 (Fla. 1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Williams.

¶5Williams was arrested and charged with burglary of a dwelling, petit theft, and dealing in stolen property based on incidents that occurred between March 1 and 5, 1991. Several days prior to the running of the speedy trial period, the State entered a nolle prosequi and Williams was released from custody. Four days after expiration of the speedy trial period, the State refiled identical charges based on the same incidents and Williams was rearrested. The trial court granted Williams' motion for discharge, ruling that the nol pros did not toll the running of the speedy trial period. The district court reversed, relying on Zabrani v. Cowart,502 So.2d 1257 (Fla. 3d DCA 1986), approved,506 So.2d 1035 (Fla. 1987), and recognizing conflict with State v. Agee,588 So.2d 600 (Fla. 1st DCA 1991).

¶6We have since resolved this issue in State v. Agee,622 So.2d 473 (Fla. 1993), wherein we approved the district court decision in Agee and disapproved Zabrani. Accordingly, we quash the district court decision below in Williams and remand for proceedings consistent with our opinion in Agee.

¶7It is so ordered.

¶8BARKETT, C.J., and McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.

¶9OVERTON, J., concurs in result only.

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