PEARSON v. STATE

No. 1D09-2282.

18 So.3d 645 (2009)

Dwight A. PEARSON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied September 18, 2009.


Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, and Steven A. Been, Assistant Public Defender, Tallahassee, for Petitioner.

Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Respondent.


PER CURIAM.

Petitioner seeks a writ of prohibition to review the trial court's denial of his motion for speedy trial discharge. Petitioner argues that the trial court erred in finding that the motion for discharge should be denied pursuant to Florida Rule of Criminal Procedure 3.191(j)(2) as the failure to hold a trial was attributable to petitioner due to his incarceration in Georgia. We agree and grant the writ of prohibition.

Petitioner was arrested on...

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