STATE OF FLORIDA, APPELLANT,
v.
BRUCE G. COLLIER, APPELLEE
Explore caselaw by topic → Browse Speedy Trial Right cases and more on FLexlaw
PER CURIAM.
Appellee was arrested for attempted kidnapping, false imprisonment and burglary on September 4, 1993. On February 28, 1994, appellee filed a Notice of Expiration of Speedy Trial Rule. At the hearing on the notice, the state indicated it was prepared to go to trial within ten days. However, the trial judge held that appellee had not been brought to trial within 175 days of the date of the arrest and discharged appellee.
As the state argues, and appellee concedes, under the present speedy trial rule, if there is no evidence of a waiver of speedy trial, the trial must be set within ten days from the hearing on the notice. See Rule 3.191(p)(3), Florida Rules of Criminal Procedure. Appel-lee would have been entitled to absolute discharge only if the state had been unable to bring him to trial within that “window of recapture” time. State v. Howard, 599 So. 2d 1043 (Fla. 2d DCA 1992).
Accordingly, the order of discharge is reversed and the cause remanded for further proceedings.
Reversed.
PARKER, A.C.J., and LAZZARA and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Hall, 903 So. 2d 1001 (Fla. 2d DCA 2005)…of the defendant, on motion of the defendant or the court, shall be forever discharged from the crime. Mr. Hall was entitled to discharge only if the State failed to bring him to trial within the ten-day “window of recapture.” See State v. Collier, 659 So. 2d 1371, 1372 (Fla. 2d DCA 1995); State v. Howard, 599 So. 2d 1043, 1045 (Fla. 2d DCA 1992) (holding immediate discharge improper without affording “window of recapture” to State). In granting Mr. Hall’s motion, the trial court relied principally on State…
Authorities Cited
- State v. Howard, 599 So. 2d 1043 (Fla. 2d DCA 1992)