SALIM AREF BOUCHACRA, PETITIONER,
v.
THE HONORABLE KENNETH M. LEFFLER, ETC., RESPONDENT
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COWART, Judge.
Bouchacra seeks a writ of prohibition to prevent the trial court from proceeding with the State’s prosecution of him, alleging that the trial judge should have discharged him because his speedy trial rule rights were violated.
There was sufficient evidence for the trial judge to conclude that Bouchacrá had made himself unavailable for trial during the one hundred and eighty days from his arrest, thus completely removing Bou-chacra from the protection of the rule. Fla. R.Crim.P. 3.191(d)(3); State ex rel. Green v. Patterson, 279 So. 2d 362 (Fla. 2d DCA 1963); see Wright v. State, 387 So. 2d 1060 (Fla. 5th DCA 1980); Thigpen v. State, 350 So. 2d 1078 (Fla. 5th DCA 1977). Furthermore, this factual ruling should not be reviewed and reversed by means of this petition for prohibition. See Sherrod v. Franza, 396 So. 2d 1136 (Fla. 4th DCA 1981).
DENIED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gallego v. The Honorable H. Mark Purdy as Judge of the Cir. Court of the 17th Jud. Cir. in & for Broward Cnty., 415 So. 2d 166 (Fla. 4th DCA 1982)…that prohibition, and its counterpart mandamus, do not lie to review an alleged violation of the speedy trial rule. We differ in this view from the Fifth District, Bates v. Keating, 396 So. 2d 1172 (Fla. 5th DCA 1981), but see Bouchacra v. Leffler, 413 So. 2d 791, (Fla. 5th DCA, Case No. 82-151, opinion filed April 7,1982); and the Third District, V.C. v. Ferguson (Fla. 3d DCA Case No. 82-323, opinion filed April 20,1982). The holding in Sherrod that prerogative writs are unavailable to remedy speedy trial…
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State v. Talbott, 425 So. 2d 600 (Fla. 4th DCA 1982)…of accurateness. The court did not use the sufficiency-of-detail theory to satisfy the veracity prong. The use of Draper, in Florida courts, has been limited to satisfying the basis-of-knowledge test but not the veracity test. See State v. Willits, 413 So. 2d 791 (Fla. 1st DCA 1982); State v. Doherty, 240 So. 2d 332 (Fla. 4th DCA 1970).…
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State v. Leta Grace Floyd, 639 So. 2d 128 (Fla. 2d DCA 1994)…en if the notice had been valid, Floyd was not entitled to be discharged because she was unavailable for trial during the speedy trial time period as she failed to appear for arraignment on March 22, 1993. Fla.R.Cr.P. 3.191(k); Bouchacra v. Leffler, 413 So. 2d 791 (Fla. 5th DCA 1982). Accordingly, we reverse the order discharging Floyd and remand for further proceedings. CAMPBELL, A.C.J., and THREADGILL and LAZZARA, JJ., concur.…
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- State v. Patterson, 279 So. 2d 362 (Fla. 2d DCA 1973)
- Thigpen v. State, 350 So. 2d 1078 (Fla. 4th DCA 1977)
- Sherrod v. The Honorable Arthur J. Franza, 396 So. 2d 1136 (Fla. 4th DCA 1981)
- Wright v. State, 387 So. 2d 1060 (Fla. 5th DCA 1980)