[DOWNLOAD] "State V. Naveira" by Supreme Court of Florida ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State V. Naveira
• Author : Supreme Court of Florida
• Release Date : January 22, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

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, § 3(b)(3), Fla. Const. For the reasons explained below, we quash the First District's decision and hold that the defendant's right to speedy trial under rule 3.191, Florida Rules of Criminal Procedure, was not violated in this case where trial was scheduled within the rule's deadlines and the defendant sought a continuance because he was not prepared for trial.

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