State v. Willis

THREADGILL, Judge.

Harold Willis was charged with sexual battery on June 18, 1987. He filed a demand for speedy trial on December 2,1987, and on January 22, 1988, the fifty-first day after the demand, moved for discharge pursuant to Rule 3.191, Fla.R.Crim.P. A hearing was held five days later, and because the trial could not be scheduled within 60 days of the original demand, the court granted the motion for discharge. The state charges error in the failure of the court to allow ten days after the hearing for trial pursuant to Fla.R.Crim.P. 3.191(i). We agree and reverse.

In discharging this…