STATE OF FLORIDA
v.
BRANDY LEE JOHNSON
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The appellate court reversed a trial court's order that discharged a defendant based on speedy trial violations. The court found that administrative orders issued in response to the COVID-19 pandemic suspended all speedy trial time periods, including the time for filing an information.
Yes, the administrative orders suspended all time periods pertaining to the speedy trial procedure, including the time for the State to file an information.
[1] Florida Supreme Court administrative orders suspending speedy trial time periods in response to the COVID-19 pandemic suspended all time periods pertaining to the speedy…
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Join FLexlaw to unlock all legal intelligence“The State of Florida challenges the trial court’s order granting Brandy Lee Johnson’s motion for discharge based on the State’s failure to file an information within 175 days of her arrest, thereby violating her speedy trial rights.”
This quote introduces the core issue of the case: the State's appeal of the trial court's discharge order due to speedy trial concerns.
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Join FLexlaw to unlock all legal intelligenceThe State of Florida appealed an order granting Brandy Lee Johnson's motion for discharge. Johnson was arrested and the State failed to file an inform…
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RAY, J.
The State of Florida challenges the trial court’s order granting Brandy Lee Johnson’s motion for discharge based on the State’s failure to file an information within 175 days of her arrest, thereby violating her speedy trial rights. Below and on appeal, the State argued that the delay was permissible under the Florida Supreme Court’s administrative orders suspending all speedy trial time periods in response to the COVID-19 pandemic.* Johnson
* See Fla. Admin. Order No. AOSC20-13 (Fla. Mar. 13, 2020); Fla. Admin. Order No. AOSC20-17 (Fla. Mar. 24, 2020); Fla. Admin. Order No. AOSC20-23 (Fla. Apr. 6, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 1 (Fla. May 4, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 2 (Fla. May 21, 2020); Fla. Admin.
countered that the supreme court only intended to suspend the speedy trial periods pertaining to in-person proceedings, not the time for investigating or filing an information. During the pendency of this appeal, this Court decided Smith v. State, 310 So. 3d 1101 (Fla. 1st DCA 2020). Smith held that the supreme court’s administrative orders suspended all time periods pertaining to the speedy trial procedure, including the time for the State to file or amend an information. Id. at 1103. Thus, pursuant to Smith, we reverse. REVERSED and REMANDED for further proceedings.
MAKAR and M.K. THOMAS, JJ., concur. _____________________________
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Dariaunte Edward Davis v. State (Fla. 1st DCA 2021)
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Johnson v. State, 32 F.4th 1092 (11th Cir. 2022)…so far as to observe that "[e]ven a state court that has previously rejected a constitutional argument may decide, upon reflection, that the contention is valid." Engle v. Isaac, 456 U.S. 107, 130 (1982). Nevertheless, Johnson cites Smith v. State, 310 So. 3d 1101 (Fla. Dist. Ct. App. 2020), but Smith did not purport to decide a Sixth Amendment claim, much less foreclose Johnson's claim. Ra- ther, Smith dealt with a challenge to the state's delayed addition of a charge to an information. There, the state appe…