07-0399 LEE PAUL DAVIS v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-0399

Case Date: 08/04/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LEE PAUL DAVIS, Petitioner, v. STATE OF FLORIDA, Respondent. ______________________________/ Opinion filed August 4, 2008. Petition for Writ of Prohibition - Original Jurisdiction. Lee Paul Davis, pro se, Petitioner. Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D07-0399

PER CURIAM. Lee Paul Davis appeals an order denying his motion for discharge on speedy trial grounds. We treat the appeal as a petition for writ of prohibition. See Fla. R. App. P. 9.040(c); Sherrod v. Franza, 427 So. 2d 161 (Fla. 1983) (prohibition is the

appropriate remedy to test the denial of a motion for discharge on speedy trial grounds). The state having shown that the pending charges against Davis have now been dismissed, we conclude that the issues raised in this proceeding have been rendered moot. Accordingly, the petition for writ of prohibition is DISMISSED. WOLF, LEWIS, and ROBERTS, JJ., CONCUR.

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