Cheeks v. Swanson

This is a petition for writ of prohibition in which this court is asked to review the denial of Cheeks’ motion for discharge filed pursuant to Florida Rule of Criminal Procedure 3.191. We have jurisdiction. See Sherrod v. Franza, 427 So.2d 161 (Fla.1983). For the reasons stated below, we grant the petition, quash the trial court’s order and remand for further proceedings.

On January 7, 1988, while Cheeks was incarcerated in a state prison in Bradford County, Florida, an information was filed against him in the Sixth Judicial Circuit in Pasco County, Florida. On October 31, 1988, Cheeks filed a…