Patino v. State
The Third District held that Florida Rule of Criminal Procedure 3.191(m)'s 90-day speedy trial period, triggered when a defendant's trial 'has been delayed by an appeal,' does not apply merely because a defendant files a petition for writ of prohibition—the rule requires an actual delay in the trial itself. Because the court's order requesting a response (rather than issuing an order to show cause) did not stay trial court proceedings, and the trial court retained jurisdiction to proceed to trial during the pendency of the petition, no delay occurred and the original speedy trial clock continued running. The court granted the petition, vacated the denial of final discharge, and remanded for entry of discharge on the misdemeanor charges.
Key facts
- Patino was charged with misdemeanor offenses and the original speedy trial period expired; Patino filed a petition for writ of prohibition to challenge the trial court's denial of final discharge.
- The trial court did not stay proceedings when Patino filed the writ petition, and retained jurisdiction to proceed to trial during the pendency of the petition.
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Why it matters
This opinion provides useful guidance for speedy trial practice: filing a petition for writ of prohibition to challenge a discharge ruling does not automatically reset the speedy trial clock under rule 3.191(m) unless… — full analysis with a trial
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