Carlos D. Villavicencio v. Julie L. Jones, Secretary, Florida Department of Corrections
DueProcess
Whether the prosecution (State of Florida) after Petitioner has been arrested in Dade County, Florida "Miami" and charged with two counts of First-Degree Murder in December 1987, and in February 1988, the State announced a "no action" dismissing the homicide charges and release Petitioner from jail on his own recognizance, but did not file an information nor indictment before the "no action" was announced, and approximately 2 years 10 months later December 1990, the State filed an indictment charging Petitioner with the same two homocides, facts, events, and circumstances, does the circuit court of the Eleventh Judicial Circuit, in and for, Dade County, Florida, retain jurisdiction.
Where the State filed the indictment after Petitioner's speedy trial time of 175 days pursuant to 3.191(a), Florida Rules Criminal Procedure had expired approximately 6 or 7 terms of the speedy trial time?
Whether the prosecution (State of Florida) retained jurisdiction after the speedy trial period expired