Gardner v. Peach

LARRY G. SMITH, Judge.

Gardner has filed a petition for writ of prohibition seeking discharge because of the state’s alleged failure to comply with Rule 3.191(a)(1), Florida Rules of Criminal Procedure. He alleges that he was taken into state custody on July 10,1979, as a result of criminal conduct occurring on that date, and that the state’s failure to bring him to trial on criminal charges arising out of the conduct of July 10, 1979, within 180 days violated his right to speedy trial. The trial court, relying on State v. Andrews, 376 So.2d 9 (Fla.1979), denied Gardner’s motion for discharge…