ERVIN EUGENE WILLIAMS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A nolle prosequi entered before the speedy trial period expires does not toll the running of that period if the state refiles identical charges after the period has expired.
The State entered a nolle prosequi on burglary and theft charges against Williams shortly before the speedy trial period expired. Four days after the …
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SHAW, Justice.
We have for review State v. Williams, 597 So. 2d 960 (Fla. 5th DCA1992), based on conflict with State v. Agee, 622 So. 2d 473 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Williams.
Williams was arrested and charged with burglary of a dwelling, petit theft, and dealing in stolen property based on incidents that occurred between March 1 and 5, 1991. Several days prior to the running of the speedy trial period, the State entered a nolle prosequi and Williams was released from custody. Four days after expiration of the speedy trial period, the State refiled identical charges based on the same incidents and Williams was rearrested. The trial court granted Williams’ motion for discharge, ruling that the nol pros did not toll the running of the speedy trial period. The district court reversed, relying on Zabrani v. Cowart, 502 So. 2d 1257 (Fla. 3d DCA1986), approved, 506 So. 2d 1035 (Fla.1987), and recognizing conflict with State v. Agee, 588 So. 2d 600 (Fla. 1st DCA1991).
We have since resolved this issue in State v. Agee, 622 So. 2d 473 (Fla.1993), wherein we approved the district court decision in Agee and disapproved Zabrani. Accordingly, we quash the district court decision below in Williams and remand for proceedings consistent with our opinion in Agee.
It is so ordered.
BARKETT, C.J., and McDONALD, GRIMES, KOGAN and HARDING, JJ., concur. OVERTON, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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C.D. v. State, 865 So. 2d 605 (Fla. 4th DCA 2004)…y trial rule. Each of those cases dealt with the effect of a nol pros within the speedy trial period. See, e.g., State v. Agee, 622 So. 2d 473 (Fla.1993) (the speedy trial period continues to run when the State enters a nol pros); Williams v. State, 622 So. 2d 477 (Fla.1993) (a nol pros prior to expiration of speedy trial does not toll time). Our Recent Decisions Over the last couple of years, this court has been asked to interpret the speedy trial rule and impose some form of reasonable notice to the juven…
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P.S. v. State, 658 So. 2d 92 (Fla. 1995)…PER CURIAM. We have for review the following question certified to be of great public importance by the Third District Court of Appeal: Under Williams v. State, 622 So. 2d 477 (Fla.1993), is a juvenile entitled to discharge if the State files a nolle prosequi and does not refile the charges until after the 90-day speedy trial period provided in Florida Rule of Juvenile Procedure 8.090(a)(1) has expired? See State v. P.S.…1 / 2
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Lovelace v. State, 906 So. 2d 1258 (Fla. 4th DCA 2005)…ninety day speedy trial period ran on the misdemeanor, but before the fifteen day window for trial expired. The holding of Jackson that this was sufficient to invoke the 175 day speedy trial period for felonies is in conflict with Williams v. State, 622 So. 2d 477 (Fla.1993), decided at the same time as Agee, and holding that recharging the defendant during the window period is too late. The speedy trial period is ninety days, and does not include the fifteen day window. P.S. v. State, 658 So. 2d 92 (Fla. 199…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Agee, 622 So. 2d 473 (Fla. 1993)
- Iqbal Zabrani v. The Honorable Edward D. Cowart, 502 So. 2d 1257 (Fla. 3d DCA 1986)
- State v. Agee, 588 So. 2d 600 (Fla. 1st DCA 1991)
- Iqbal Zabrani v. Cowart, 506 So. 2d 1035 (Fla. 1987)
- State v. Ervin Eugene Williams, 597 So. 2d 960 (Fla. 5th DCA 1992)