D.D. v. State

D.D. filed a petition for writ of prohibition, or in the alternative, for certiorari, after the trial court granted the state’s motion to strike his motion to dismiss based on expiration of speedy trial. We construe the trial court’s order as a denial of petitioner’s motion to dismiss on the merits of the speedy trial challenge. We thus decline to entertain certiorari review, as the second district did in distinguishable circumstances in Lail v. Anderson, 665 So.2d 812 (Fla. 2d DCA 1995). Instead, we find that prohibition lies. See Sherrod v. Franza, 427 So.2d 161 (Fla.1983). We grant the…