J.W. v. State

Petitioner, J.W., filed a petition for writ of prohibition seeking speedy trial discharge under Florida Rule of Juvenile Procedure 8.090 (2002). It is undisputed that the adjudicatory hearing was not held within ninety days of the petition for delinquency as required by that rule.

The trial court granted the state an extension of the speedy trial period based upon its showing that it had made three unsuccessful attempts to serve J.W. with the delinquency petition. All three attempts were made during school hours at J.W.’s residence. All three times, the process server found no one at home.

The…