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STATE EX REL. JACOBSEN v. GOODMAN

No. 71-1023.

254 So.2d 849 (1971)

The STATE of Florida ex rel., Thomas Marlow JACOBSEN, Relator, v. The Honorable Murray GOODMAN, As Judge of the Criminal Court of Record, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

November 30, 1971.

Attorney(s) appearing for the Case

James W. McDonald, Jr., Homestead, for relator.

Robert L. Shevin, Atty. Gen., and Barry Scott Richard, Asst. Atty. Gen., for respondent.

Before SWANN, C.J., and PEARSON and CHARLES CARROLL, JJ.

CARROLL, Judge.

This is an original proceeding in prohibition. The relator contends that by denying his motion for discharge, for not having been brought to trial within 90 days after his arrest on a misdemeanor charge, and by proceeding with the prosecution the respondent is acting without jurisdiction. The relator relies upon Rule 3.191(a) (1) CrPR, 33 F.S.A., promulgated by the Supreme Court on February 24, 1971 (245 So.2d 33

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