Diaz v. State

Ismael Diaz appeals a circuit court order denying his petition for writ of prohibition predicated on the court’s failure to conduct his trial within speedy trial limits. We reverse the order and remand with directions to discharge Diaz: the circuit court erred in denying the petition. Although Diaz’s counsel had stated that he would not file a motion to discharge pursuant to the speedy trial rule following the trial court’s May 7 announcement that it would reset the trial for May 28, see Smith v. State, 482 So.2d 521 (Fla.2d DCA 1986), that statement did not constitute a continuous and…