State v. Lazarre

The state appeals a trial court’s order granting the defendant’s motion for discharge. The defendant filed her demand for speedy trial prior to the filing of an information in the case. Because a demand for speedy trial filed prior to the filing of the information is a nullity, we reverse. See State v. Branam, 434 So.2d 950, 950 (Fla. 2d DCA 1983).

Lazarre was arrested on December 4, 2003 and charged with possession of a counterfeit driver’s license. The 175-day time frame in which the state was required to bring her to trial commenced on that date. See Fla. R. Crim. P. 3.191(a). On the same…