Lott v. Lawrence

Defendant Lott petitions for a writ of habeas corpus contending that the state’s failure to file an information within thirty days after his arrest entitles him to release on his own recognizance pursuant to Florida Rule of Criminal Procedure 3.133(b)(6). In its response, the state asserts it is entitled to an additional ten-day period to locate the alleged victim and obtain her sworn statement, as the predicate for filing an information. Although it has not been able to find the complainant in over thirty *198days, the state maintains it will produce her within ten days.

We disagree with the…