State v. Barreiro

ON MOTION FOR REHEARING

FERGUSON, Judge.

The State appeals an order of the trial court which “forever discharged” the defendant from the crime on a finding that he had been denied the right to a speedy trial as guaranteed by Florida Rule of Criminal Procedure 3.191 and the Florida Constitution.1

The question presented is whether the defendant was properly discharged on speedy trial grounds where the State was unprepared to go to trial on the date the trial court received an appellate court order denying the State’s petition for certiorari review of an adverse pre-trial evidentiary ruling. We…