State ex rel. Atwood v. Baker

CARLTON, Justice.

This is a speedy trial case in which the third full-term covered by petitioner’s demands under Fla.Stat. § 915.01(2), F.S.A. was interrupted by repeal of the statute, and a discharge was sought prior to the announcement of Florida Rule of Criminal Procedure 1.191, 33 F.S.A. by this Court. The Criminal Court of Record, Dade County, denied a Motion to Dismiss the Information filed by petitioner upon completion of the third full-term. In this mandamus proceeding, it is our judgment that petitioner is entitled to release from further prosecution.

Before proceeding to the facts, we…