TERRY KERR COLLIER AND MARIA ISABEL COLLIER, PETITIONERS,
v.
HON. WARREN H. EDWARDS, JUDGE, CRIMINAL COURT OF RECORD, DIVISION A, ORANGE COUNTY, FLORIDA, AND ROM W. POWELL, COUNTY SOLICITOR, ORANGE COUNTY, FLORIDA, RESPONDENTS
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This is a Petition for Writ of Prohibition based upon the alleged failure of the State to accord the defendant a speedy trial as required by F.S. 915.01 (2), F.S.A., Laws of 1969. We deny the Petition for two reasons. First, three full terms did not elapse following the first written demand of trial. Clawson v. Baker, 245 So.2d 223, Supreme Court Opinion filed March 3, 1971; Woodward v. Edwards, 244 So.2d 438, Fourth District Court of Appeal Opinion filed December 11, 1970. Contra, State ex rel. Retchin v. Turner, Fla.App.1970, 243 So.2d 168. Second, the operation of the speedy trial statute, supra, was tolled or stayed upon the filing of the interlocutory appeal by the State. State v. Cook, Fla.App.1967, 201 So.2d 769.
Denied.
WALDEN and OWEN, JJ., concur.
CROSS, C. J., dissents with opinion.
(dissenting):
I respectfully dissent. I would grant the Writ of Prohibition with instructions to dismiss petitioner’s criminal prosecution on the authority of State v. Baker, Fla. 1970, 238 So.2d 281.
CROSS, Chief Judge
(dissenting):
I respectfully dissent. I would grant the Writ of Prohibition with instructions to dismiss petitioner’s criminal prosecution on the authority of State v. Baker, Fla. 1970, 238 So. 2d 281.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Collier v. Edwards, 252 So. 2d 797 (Fla. 1971)…Certiorari denied. 247 So. 2d 450. CARLTON, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.…
Authorities Cited
- The State of Fla. ex rel. Leocadio Leon v. Honorable H. Paul Baker, 238 So. 2d 281 (Fla. 1970)
- Clawson v. Baker, 245 So. 2d 223 (Fla. 1971)
- Woodward v. Edwards, 244 So. 2d 438 (Fla. 4th DCA 1970)
- State v. Cook, 201 So. 2d 769 (Fla. 4th DCA 1967)
- State of Fla. ex rel. v. Honorable Jack M. Turner, 243 So. 2d 168 (Fla. 3d DCA 1970)