City of Fort Lauderdale v. Mattlin

STONE, Judge.

We affirm a circuit court order directing the county court to discharge the defendant because he was not brought to trial within the speedy trial period. Appellee was charged with violating a municipal ordinance which made it unlawful to commit an act, otherwise constituting a state misdemeanor, within the city. The offense, if charged as a misdemeanor, is punishable by sixty days incarceration but, if charged as an ordinance violation, is punishable by ninety days incarceration.

Florida Rule -of Criminal Procedure 3.191 provides that “every person charged with a crime by…