MICHAEL A. HOWARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Jimenez, 44 So. 3d 1230 (Fla. 5th DCA 2010)
  …Fla. 4th DCA 2009), the Fourth District clarified its decision in Monis in light of language in C.D. v. State, 865 So. 2d 605 (Fla. 4th DCA 2004), that could have been interpreted to indicate that Monis was silently overruled. Citing Puzio v. State, 969 So. 2d 1197 (Fla. 1st DCA 2007), the court indicated that Moms “continues to be viable in situations where the conduct of the state misleads a defendant into believing that it is not necessary to exercise the right to file a notice of expiration of the speedy t…

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• Thompson v. State, 1 So. 3d 1107 (Fla. 4th DCA 2009)
  …de it impossible for the defendant to file a notice of expiration of the speedy trial time or to demand a speedy trial. Permitting the state the benefit of the recapture period under those circumstances would eviscerate the rule. In Puzio v. State, 969 So. 2d 1197, 1201 (Fla. 1st DCA 2007), the First District Court of Appeal .explained the link between the state’s right to recapture and the defendant’s ability to exercise the right to file a notice of expiration when the speedy trial period has run. Id. at 12…
• State v. Born-Suniaga, 219 So. 3d 74 (Fla. 4th DCA 2017)
  …various other opinions of courts around the state have also followed the Morris line of reasoning and denied the State the recapture period where the defendant was not notified of the charges within the speedy trial period, including Puzio v. State, 969 So. 2d 1197 (Fla. 1st DCA 2007); State v. McCullers, 932 So. 2d 373 (Fla. 2d DCA 2006); Cordero v. State, 686 So. 2d 737 (Fla. 3d DCA 1997); and State v. Gantt, 688 So. 2d 1012 (Fla. 3d DCA 1997). Jimenez, 44 So. 3d at 1237. Most recently, the .Second District…

Authorities Cited

• McFARLAND v. State, 808 So. 2d 274 (Fla. 1st DCA 2002)