BYRD v. STATE

No. 1D01-4683.

834 So.2d 872 (2002)

Lawanda BYRD, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied January 17, 2003.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Ed Harvey, Assistant Public Defender, Tallahassee, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Respondent.


MINER, J.

Petitioner, Lawanda Byrd, filed a petition for writ of certiorari to review the trial court's decision to deny her motion to dismiss without prejudice, which was filed pursuant to section 916.303(1), Florida Statutes (1999). We agree with the trial court's finding that Florida Rule of Criminal Procedure 3.213(a) supersedes the statute and required denying the motion to dismiss. However, given the Legislature's...

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