State v. McDonald

The state appeals an order of the circuit court dismissing charges of petit theft and resisting arrest without violence. We affirm in. part and reverse in part.

Appellee Ona McDonald was arrested for these charges December 4, 1987. Both offenses originally were prosecuted as misdemeanors, allowing the state 90 days to bring the case to fruition. Fla.R.Crim.P. 3.191(a)(1). Through no fault of McDonald the speedy trial period elapsed without resolution of the charges. McDonald moved for discharge, whereupon the state entered a “no bill,” withdrawing prosecution on the misdemeanor. Seventeen days…