State v. Parvis

Full title: THE STATE OF FLORIDA, APPELLANT, v. ROBERT PARVIS, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 29, 1986

487 So. 2d 1181 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1481.

April 29, 1986.

Appeal from the Circuit Court for Dade County; Ralph N. Person, Judge.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

The state appeals an order granting Parvis' motion to discharge on speedy trial grounds. We affirm based upon the controlling authority of McKnight v. Bloom, 490 So.2d 92 (Fla. 3d DCA 1986). We certify to the supreme court, as we did in McKnight, the following question: "Whether Florida Rule of Criminal Procedure 3.191(i)(4) is applicable to a criminal case wherein the defendant is taken into custody prior to January 1, 1985, 12:01 A.M., the effective date of the above-stated rule."

Affirmed.