Alvarez v. State

WELLS, Judge.

Oscar Alvarez petitions for issuance of a writ of prohibition directing the lower court to dismiss an information charging him as an adult on the basis that the 90-day juvenile speedy trial rule applies to the adult charges and has run. For the following reasons, we deny the petition.

Alvarez, a juvenile, was arrested on August 17, 2002 and charged in a delinquency petition with one count of battery. On October 8, 2002, the State announced a nolle prosequi of the delinquency charges, specifically stating that it was reviewing the case for possible direct file in the adult criminal…