Frederick Smart v. State of Florida

Frederick Smart petitions for a writ of prohibition following the trial court’s denial of his motion for discharge, which claimed a violation of the speedy trial rule. “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.’” Dempsey v. State, 82 So.3d 928, 929 (Fla. 4th DCA 2011) (quoting Sherrod v. Franza, 427 So.2d 161, 163 (Fla.1983)). We-deny the petition on the merits and write to clarify when a trial commences within the meaning of Florida Rule of Criminal Procedure 3.191(c).

Petitioner…