Summary
treating appeal of trial court's denial of a motion seeking commencement of speedy trial as a petition for writ of prohibition
Summary of this case from Klein v. StateOpinion
No. 3D10-1696.
Opinion filed September 29, 2010.
An Appeal under Florida Rule of Appellate Procedure 9.315(a) from the Circuit Court for Miami-Dade County, Roberto M. Pineiro, Judge. Lower Tribunal No. 05-11093.
Gilberto Bory, in proper person.
Bill McCollum, Attorney General, for appellee.
Before RAMIREZ, C.J., and GERSTEN and SALTER, JJ.
Gilberto Bory appeals the denial of his motion, which among other things, requested to commence speedy trial. Because this is not an appealable order, we treat the notice of appeal and initial brief as a petition for writ of prohibition, and deny the petition. See Fla.R.Crim.P. Rule 3.191(e) (requiring that a defendant be within state jurisdiction before he or she may demand speedy trial); Schuty v. State, 281 So. 2d 507 (Fla. 1st DCA 1973) (treating appeal from denial of discharge on speedy trial grounds as writ of prohibition).
Not final until disposition of timely filed motion for rehearing.