LENARD v. MOXLEY IN AND FOR BREVARD COUNTY

No. 86-1823.

497 So.2d 973 (1986)

James LENARD, Petitioner, v. The Honorable John Dean MOXLEY, Jr., Circuit Judge of the Eighteenth Judicial Circuit in and for Brevard County, Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 18, 1986.


Attorney(s) appearing for the Case

James Russo, Public Defender, and Michael J. Lucas, Asst. Public Defender, Titusville, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for respondent.


PER CURIAM.

We grant Lenard's petition for a writ of prohibition seeking a discharge from prosecution pursuant to the Speedy Trial Rule.1 The record shows that after Lenard filed a motion for discharge following the expiration of the speedy trial times in both rule 3.191(a)(1) (175 days) and rule 3.191(a)(2) (50 days) he was not brought to a hearing within five days and the trial court failed to bring him to trial within fifteen days following...

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