State ex rel. Mitchell v. Beverly

SMITH, Judge.

Relator’s suggestion for writ of prohibition questions whether the 90-day retrial period prescribed by Fla.R.Cr.P. 3.191(g), following our reversal of relator’s prior conviction, Mitchell v. State, 333 So.2d 89 (Fla. 1st DCA 1976), began to run upon the trial court’s receipt of our mandate for new trial or, as the State contends, did not begin until the Supreme Court denied rehearing on its decision discharging a writ of certiorari issued on the State’s petition. 347 So.2d 610 (Fla.1977). Because the effect of our mandate was not stayed automatically by the State’s filing a…