State ex rel. Butler v. Cullen
| Decision Date | 20 October 1971 |
| Docket Number | No. 41671,41671 |
| Citation | 253 So.2d 861 |
| Parties | STATE of Florida ex rel. Isaac Don BUTLER and Gerald Nickles, Petitioners, v. Honorable Ralph O. CULLEN, Respondent. |
| Court | Florida Supreme Court |
Charles F. Sansone, and R. J. Beckham, Miami, for petitioners.
Petitioners have filed a suggestion for writ of prohibition and a petition for writ of mandamus, seeking to prohibit the circuit court from conducting a trial of petitioners, and further seeking an absolute discharge because of an alleged violation of Florida Criminal Rules of Procedure, Rule 3.191 (formerly Rule 1.191), commonly referred to as the Speedy Trial rule, reported in 245 So.2d 33.
This Court, in its discretion, dispenses with oral argument. Florida Appellate Rules, Rule 3.10(e), 32 F.S.A.
Petitioners were taken into custody February 5, 1971, and have remained in custody charged with the crime of rape, a capital offense. A written demand for speedy trial was filed May 25, 1971, and an indictment was returned June 1, 1971. This written demand was a nullity. See State ex rel. Hanks and Seymour v. Goodman, Fla., 253 So.2d 129, opin. filed October 6, 1971.
The trial court did not have the benefit of the opinion in State ex rel. Hanks and Seymour v. Goodman, Supra, and treated the demand for speedy trial as being a valid one. The case was set for trial on July 12, 1971. The suggestion for writ of prohibition and petition for writ of mandamus allege:
This motion was granted and a trial date of October 4, 1971, was set by the Court. On September 30, 1971, petitioners moved for a discharge on the ground that the State had failed to commence trial prior to September 27, 1971, the maximum date permissible under the time limitations of the Speedy Trial rule.
Presently the petitioners are scheduled to be tried on October 26, 1971. The trial court removed the case from the original October 4, 1971 date upon representation of Petitioner's attorney that application would be made to this Court for relief and upon the further representation and stipulation that the delay of the trial from October 4, 1971 until October 26, 1971 would in no wise be utilized by petitioners to their advantage.
It appears on the face of the petition that petitioners requested a continuance so that they would have additional time within which to prepare their defense. When the continuance was granted, the time limitations in the rule were no longer applicable and the Court had the right and authority to set the case for trial within a reasonable time.
In other words, the purpose of the Speedy Trial rule is to implement the practice and procedure by which a defendant may seek and be guaranteed his speedy trial. When the time limitations set forth in the rule were waived by petitioners seeking a continuance, then it became incumbent upon the trial court to set a trial date far enough in advance to allow the petitioners adequate time for preparation of their defenses, but, also, guaranteeing to the petitioners their constitutional right to a speedy trial. The facts and circumstances of each case may differ.
Petitioners complain because the assertion of their right to...
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Porter v. State
...under the speedy trial rule. Our review of the record demonstrates that error is not presented on this record. See State ex rel. Butler v. Cullen, 253 So.2d 861 (Fla.1971); Rubiera v. Dade County ex rel. Benitez, 305 So.2d 161 (Fla.1974); State v. Nelson, 320 So.2d 835 (Fla. 2d DCA Accordin......
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Banks v. State, 93-0983
...a determining factor in deciding whether speedy trial was waived by the defense being unavailable for trial. See State ex rel. Butler v. Cullen, 253 So.2d 861 (Fla.1971); Fonte; Fraser; Blackstock. In any event, Appellant is not prejudiced, as the defense at all times had available the 50 d......
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Burns v. Jones
...waives his speedy trial right a to all charges which emanate from the same criminal episode.Id. at 272. See also State ex rel. Butler v. Cullen, 253 So. 2d 861, 868 (Fla. 1971) ("When the [defense] continuance was granted, the time limitations in the rule were no longer applicable and the C......
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Colby v. McNeill, 91-1157
...is thus unavailable for trial during the speedy trial period under Fla.R.Crim.P. 3.191(d)(3)(iii), (e). See, e.g., State ex rel. Butler v. Cullen, 253 So.2d 861 (Fla.1971); State v. Toyos, 448 So.2d 1135 (Fla. 3d DCA 1984). The only exception to this rule arises where the defendant is not r......