Dyess v. Thomas

We review Thomas v. Dyess, 557 So.2d 196 (Fla. 2d DCA 1990), because of its conflict with Bowens v. Tyson, 543 So.2d 851 (Fla. 4th DCA 1989). Our jurisdiction is predicated upon article V, section 3(b)(3) of the Florida Constitution.

Thomas was arrested on felony charges on November 20, 1989, and put in jail. After remaining in jail for more than thirty days, he sought release under Florida Rule of Criminal Procedure 3.133(b)(6)1 because the state had not filed formal charges. The state filed an information on January 2, 1990. At the hearing held on the motion on January 10, 1990, the circuit…