Legal Opinion

State v. Bowers

District Court of Appeal of Florida

Decided January 21, 2009No. 1D07-1620PublishedCited by 5 opinions

1Opinion of the CourtAllen, J.

In this criminal case the state appeals the trial court’s order discharging the ap-pellee from further prosecution, based on the court’s determination that prosecution would violate speedy trial protections under Florida Rule of Criminal Procedure 3.191. However, the speedy trial time was waived by continuances and delays attributable to the appellee, and further prosecution is therefore not precluded under the speedy trial rule.

The appellee was charged with several offenses and a trial date was set, but before that date appointed counsel informed the court that the appellee wanted to obtain…

2Cases cited3 opinions

  1. State v. FrazeeDistrict Court of Appeal of Florida · 1993
  2. Nolan v. AltmanDistrict Court of Appeal of Florida · 1984
  3. Koshel v. StateDistrict Court of Appeal of Florida · 1997

3Cited by5 opinions

  1. Garrett v. StateDistrict Court of Appeal of Florida · 2012
  2. Marvin E. Noack v. State of FloridaDistrict Court of Appeal of Florida · 2018
  3. Noack v. StateDistrict Court of Appeal of Florida · 2018
  4. Noack v. StateDistrict Court of Appeal of Florida · 2018
  5. White v. StateDistrict Court of Appeal of Florida · 2012

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