STATE EX. REL. MITCHELL v. BEVERLY

No. HH-153.

352 So.2d 535 (1977)

The STATE of Florida ex rel. Christine MITCHELL, Relator, v. Virginia Q. BEVERLY, As Judge of the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied December 22, 1977.


Attorney(s) appearing for the Case

Robert W. Elrod, Jacksonville, for relator.

No appearance for respondent.

Robert L. Shevin, Atty. Gen., Charles W. Musgrove, Asst. Atty. Gen., Tallahassee, for State of Florida, real party respondent in interest.


SMITH, Judge.

Relator's suggestion for writ of prohibition questions whether the 90-day retrial period prescribed by Fla.R.Cr.P. 3.191(g), following our reversal of relator's prior conviction, Mitchell v. State, 333 So.2d 89 (Fla. 1st DCA 1976), began to run upon the trial court's receipt of our mandate for new trial or, as the State contends, did not begin until the Supreme Court denied rehearing on its decision discharging...

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