581 So. 2d 161

Steven VALDEZ, etc., Petitioner, Tom TRAMEL, Sheriff, etc., Respondent. Lawrence A. DEMERS, Petitioner, v. Tom TRAMEL, Sheriff, etc., Respondents. Kevin J. ORY, Petitioner, v. Tom TRAMEL, Sheriff, etc., Respondents.

Nos. 76260, 76310 and 76311.

Supreme Court of Florida.

June 20, 1991.

C. Dennis Roberts, Public Defender and Jonathan W. Dingus, Asst. Public Defender, Third Judicial Circuit, Lake City, for Valdez.

John J. Terhune, Live Oak, for Demers and Ory.

Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for respondent.

OVERTON, Justice.

These consolidated petitions seek review of McCaskill v. McMillan, 563 So.2d 800 (Fla. 1st DCA 1990), in which the First District Court of Appeal certified the question presented regarding the interpretation of rule 3.133(b)(6),1 Florida Rules of Criminal Procedure, concerning the timely charging of defendants by indictment or information as a matter of great public importance. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.

*162We answered this question m Bowens v. Tyson, 578 So.2d 696 (Fla.1991), holding that rule 3.138(b)(6) does not mandate a defendant’s automatic release if the state files an information or indictment after the thirty-day filing period has expired but before the court hears the defendant’s motion for release. In accordance with Bowens, we approve the decision of the district court.

It is so ordered.

SHAW, C.J., and McDONALD, GRIMES and HARDING, JJ., concur.

BARKETT, J., concurs specially with an opinion, in which KOGAN, J., concurs.

BARKETT, Justice,

concurring specially.

I agree with the result for the reasons stated in my opinion in Bowens v. Tyson, 578 So.2d 696 (Fla.1991) (Barkett, J., specially concurring).

KOGAN, J., concurs.

Valdez v. Tramel
581 So. 2d 161

Case Details

Name
Valdez v. Tramel
Decision Date
Jun 20, 1991
Citations

581 So. 2d 161

Jurisdiction
Florida

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