Heller v. State, 91-3070

• Decision Date: 28 July 1992
• Docket Number: No. 91-3070,91-3070
• Citation: 601 So.2d 642
• Parties: William Steven HELLER, Petitioner, v. The STATE of Florida, Respondent. 601 So.2d 642, 17 Fla. L. Week. D1813
• Court: Florida District Court of Appeals

Page 642

601 So.2d 642

William Steven HELLER, Petitioner, v. The STATE of Florida, Respondent.

No. 91-3070.

601 So.2d 642, 17 Fla. L. Week. D1813

District Court of Appeal of Florida, Third District.

July 28, 1992.

On Writ of Prohibition to the Circuit Court for Dade County; David Tobin, Judge.

Leighton G. Morse, Key West, George T. Pallas, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Leslie Schreiber, Asst. Atty. Gen., for respondent.

Before NESBITT, FERGUSON and COPE, JJ.

PER CURIAM.

While this appeal was pending, we decided J.T. v. State, 601 So.2d 283 (Fla. 3d DCA 1992) (citing Tascarella v. Seay, 564 So.2d 205 (Fla. 4th DCA 1990)), which is dispositive. The fifteen-day window period provided the State by rule 3.191(i)(3), Florida Rules of Criminal Procedure, to proceed with a trial of the defendant after the speedy trial period has expired and a motion for discharge has been filed, may not be extended for exceptional circumstances by a motion filed within the window period.

Prohibition is granted. The order denying the motion for discharge is quashed.