State v. McFarland

The state appeals the order entered by the trial court discharging John McFarland from prosecution. Discharge was based upon the court’s ruling that the state had improperly failed to bring Mr. McFarland to trial within fifteen days of the filing of his motion for discharge. The state argues that discharge was erroneously granted because the state had complied with the five- and ten-day time period requirements set forth in rule 3.191(p)(3) of the Florida Rules of Criminal Procedure. We agree and therefore reverse.

Rule 3.191 of the Florida Rules of Criminal Procedure provides:

Rule 3.191.…