Legal Opinion

Marrow v. State

District Court of Appeal of Florida

Decided June 3, 2009No. 4D09-1713Published

1Per curiam

William Marrow petitioned this court for prohibition barring his prosecution in the Broward Circuit Court for possession of oxycodone, possession of cocaine and misdemeanor possession of drug paraphernalia.

The State has effectively conceded in its response filed in this court that petitioner is entitled to discharge and dismissal of the misdemeanor charge because that was the identical charge dismissed earlier by the Broward County Court on the grounds that speedy trial time had expired there. We agree that this precludes prosecution on this count. State v. Woodruff, 676 So.2d 975 (Fla.1996).

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2Cases cited4 opinions

  1. State v. WoodruffSupreme Court of Florida · 1996
  2. State Ex Rel. Smith v. NesbittDistrict Court of Appeal of Florida · 1978
  3. Wells v. StateDistrict Court of Appeal of Florida · 2004
  4. Datema v. BaradDistrict Court of Appeal of Florida · 1979

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