Legal Opinion

State v. Jackson

District Court of Appeal of Florida

Decided September 27, 1990No. 89-2576PublishedCited by 1 opinion

1Opinion of the Court

GRIFFIN, Judge.

The state has appealed an order discharging defendant based on speedy trial. The trial court granted defendant’s ore tenus motion for discharge made on the day this case was set to be tried instead of ordering that the defendant be brought to trial within 10 days. See Fla.R.Crim.P. 3.191(i)(3). It was error to ignore the window period of the speedy trial rule. See State v. Calle, 560 So.2d 355 (Fla. 5th DCA 1990); State v. Palmieri, 558 So.2d 53 (Fla. 2d DCA), juris, accepted, 564 So.2d 488 (Fla.1990).

REVERSED.

DAUKSCH and HARRIS, JJ., concur.

2Cases cited2 opinions

  1. State v. CalleDistrict Court of Appeal of Florida · 1990
  2. State v. PalmieriDistrict Court of Appeal of Florida · 1990

3Cited by1 opinion

  1. State v. EubanksDistrict Court of Appeal of Florida · 1993