Dempsey v. State

Steven Dempsey petitions for a writ of prohibition seeking review of the denial of his motion for discharge and to prevent his prosecution based on an alleged violation of the speedy trial without demand rule. Fla. R.Crim. P. 3.191(a). A writ of prohibition is an appropriate remedy “where an accused has been denied his right to a speedy trial and his motion for discharge has been denied.” Sherrod v. Franza, 427 So.2d 161, 163 (Fla.1983).

We agree with the trial court that, based on his failure to appear in delinquency proceedings which were based on the same criminal episode, petitioner was…