4D05-746 Jeffrey Lovelace v. State

State: Florida

Court: Florida Fourth District Court

Docket No: 4D05-746 Jeffrey Lo

Case Date: 06/01/2005

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2005

JEFFREY LOVELACE, Petitioner v. STATE OF FLORIDA, Respondent. No. 4D05-746 [June 1, 2005] KLEIN, J. The issue presented by this petition for writ of prohibition is whether a violation of the speedy trial rule for a misdemeanor DUI charge precludes a felony DUI charge based on the same incident and prior DUI convictions. We hold that it does and certify conflict with State v. Jackson, 784 So. 2d 1229 (Fla. 1st DCA 2001). Florida Rule of Criminal Procedure 3.191(a) provides that a person charged with a misdemeanor must be brought to trial within 90 days of arrest and that a person charged with a felony must be brought to trial within 175 days of arrest. Under rule 3.191(p) a defendant, after the expiration of the proscribed time period, may file a "notice of expiration of speedy trial time" and, with some exceptions not applicable here , must be brought to trial within 15 days or "forever discharged from the crime." D efendant was arrested and issued a citation for misdemeanor DUI on August 11, 2004. A few days after the ninety day speedy trial period expired, defendant filed a notice of expiration of speedy trial time on November 15, 2004, in county court. The state then filed a "no information" on November 19, 2004. Defendant was not brought to trial and moved for discharge on November 30, 2004, which was the end of the fifteen day recapture period. The next day, on December 1, 2004, the state filed a felony DUI charge in circuit court based on the same incident and prior DUI convictions. See

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