Vallieres v. Grossman, 90-3132
| Decision Date | 23 January 1991 |
| Docket Number | No. 90-3132,90-3132 |
| Citation | 573 So.2d 196,16 Fla. L. Weekly 249 |
| Parties | 16 Fla. L. Weekly 249 Michael VALLIERES, Petitioner, v. The Honorable Mel GROSSMAN, Circuit Judge, 17th Judicial Circuit, In and For Broward County, Florida, and/or Other Circuit Court Judges of the 17th Judicial Circuit, In and For Broward County, Florida, Respondents. |
| Court | Florida District Court of Appeals |
Alan H. Schreiber, Public Defender, and Diane M. Cuddihy, Asst. Public Defender, Fort Lauderdale, for petitioner.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for respondents.
Michael Vallieres petitioned this court for a writ of prohibition claiming that he had been denied his right to a speedy trial. Fla.R.Crim.P. 3.191(a)(1). We granted the petition on December 12, 1990, and ordered that the writ be issued for the reasons stated in this opinion.
The petitioner was arrested on April 7, 1990, and charged by information with attempted armed robbery and aggravated assault. The state sought and was granted a continuance of the trial on July 18, 1990, and trial was set for October 16, 1990. The 175th day from the time of arrest was September 29, 1990, a Saturday. The following Monday was October 1, 1990.
On October 12, 1990, the state moved for an extension of the speedy trial time period on the grounds of "exceptional circumstances." On October 16, 1990, the court heard the state's motion and the petitioner filed and presented a motion for discharge, claiming that the petitioner had not been brought to trial within 175 days of his arrest. Over the petitioner's objection, the trial court granted the State's motion and denied the petitioner's motion for discharge.
On November 9, 1990, the petitioner filed a second motion for discharge which was heard by the court on November 19, 1990. The trial court denied the motion for discharge on the grounds that the State had obtained an extension of the speedy trial period. The petitioner then obtained a stay of all proceedings below, pending this court's review of his petition for writ of prohibition.
Prohibition is the appropriate remedy to prevent a trial court from proceeding against the accused after a motion for discharge for lack of speedy trial has been improperly denied. Sherrod v. Franza, 427 So.2d 161 (Fla.1983). Florida Rule of Criminal Procedure 3.191(a)(1) provides that every person charged with a crime by indictment or information shall be...
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Bogue v. Fennelly
...trial has been erroneously denied. See Trainer v. Broome, 666 So.2d 1019, review denied, 675 So.2d 119 (Fla.1996); Vallieres v. Grossman, 573 So.2d 196 (Fla. 4th DCA 1991); see generally Sherrod v. Franza, 427 So.2d 161 Here, defendant has not yet been returned to Florida. Thus, there are n......
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Brown v. State
...for review Brown v. State, 695 So.2d 1275 (Fla. 1st DCA 1997), in which the district court certified conflict with Vallieres v. Grossman, 573 So.2d 196 (Fla. 4th DCA 1991), and Heller v. State, 601 So.2d 642 (Fla. 3d DCA 1992). In addition, the district court certified the following questio......
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Brown v. State, 95-3308
...extensions, although on facts different from those in the instant case, or with no discussion of the facts. Vallieres v. Grossman, 573 So.2d 196, 197 (Fla. 4th DCA 1991) (holding that "an extension of speedy trial time cannot be obtained for 'exceptional circumstances' after expiration of t......
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State v. Eubanks, 92-2684
...since expired, and the defendant had yet to be brought to trial. This appeal followed. We have previously held in Vallieres v. Grossman, 573 So.2d 196 (Fla. 4th DCA 1991) and Tascarella v. Seay, 564 So.2d 205 (Fla. 4th DCA), rev. denied, 569 So.2d 1280 (Fla.1990), that an extension for a sp......