Fonte v. State

JORGENSON, Judge.

We affirm the order of the circuit court denying Fonte’s petition for writ of prohibition. Fonte had been arrested and arraigned on two occasions on two separate charges of driving under the influence. At the first arraignment, the trial court made no inquiry as to Fonte’s indigency or ability to retain counsel. At the second arraignment, the trial court stated, “If you want to hire a lawyer, do so, it’s up to you.”

Fonte’s trial on both charges was set for June 11, 1986, a date within the applicable statutory speedy trial period.1 On that date, the state for the first time…