SHANKS v. CIANCA

No. 4-86-1031.

491 So.2d 1267 (1986)

Robert D. SHANKS, Petitioner, v. The Honorable Marc A. CIANCA, Acting Circuit Judge of the Nineteenth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Fourth District.

July 30, 1986.


Attorney(s) appearing for the Case

Elton H. Schwarz, Public Defender, and David L. Milford, Asst. Public Defender, Stuart, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for respondent.


PER CURIAM.

Petitioner seeks a writ of prohibition following denial of a motion to dismiss for violation of the speedy trial rule governing juveniles.

The facts are undisputed. Defendant, Robert Shanks, a juvenile, was arrested in August of 1984. Arraignment was set for November 7th, but defendant never received notice. An order to take defendant into custody was entered in the erroneous belief that he had been served by the sheriff. Upon learning of the mistake...

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