SC02-633 State of Florida v. Juan Naveira

State: Florida

Docket No: SC02-633

Case Date: 04/22/2004

Preview:Supreme Court of Florida
____________ No. SC02-633 ____________

STATE OF FLORIDA, Petitioner, vs. JUAN NAVEIRA, Respondent. [April 22, 2004] CANTERO, J. This case involves the speedy trial rule. We must decide whether, when the State files a charging document on the last day of the speedy trial period and the defendant invokes his right to a speedy trial by filing a notice of expiration of the speedy trial period, but later moves for a continuance based on insufficient time to prepare for trial, the continuance should be charged to the State (thus discharging the defendant) or to the defendant. In the decision under review, the First District Court of Appeal held that the trial court properly discharged the defendant because

he had been forced to request a continuance as the result of the State's delay in filing the information, and thus was not brought to trial within the speedy trial period. See State v. Naveira, 807 So. 2d 766, 767 (Fla. 1st DCA 2002) (Naveira II). Its holding expressly and directly conflicts with State v. Fraser, 426 So. 2d 46 (Fla. 5th DCA 1982), which held that the defendant was not entitled to discharge where he requested a continuance. We accepted jurisdiction to resolve the conflict. See art. V,

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