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State v. Nelson, No. SC08-2325 (Fla. 1/14/2010) (Fla., 2010)

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STATE OF FLORIDA, Petitioner, v. ANDREW NELSON, Respondent. No. SC08-2325. Supreme Court of Florida. January 14, 2010. Application for Review of the Decision of the District Court of Appeal ? Certified Great Public Importance, Fourth District ? Case No. 4D08-1751 and 4D08-1753, (Broward County). Bill McCollum, Attorney General, Trisha Meggs Pate, Bureau Chief, and Thomas D. Winokur, Assistant Attorneys General, Tallahassee, Florida, for Petitioner Tammy Forrest of Glantz and Glantz, P.A., Plantation, Florida, for Respondent PER CURIAM. This case is before the Court for review of the decision of the Fourth District Court of Appeal in Nelson v. State, 993 So. 2d 1072 (Fla. 4th DCA 2008), in which the district court certified the following question of great public importance: Does a motion for continuance made after the expiration of the speedy trial period but before a defendant files a notice of expiration under the rule, which activates the right of recapture period, waive a defendant’s speedy trial rights under the rule? Id...continue to full post

Full post as published by Florida Criminal Law Opinions on January 14, 2010 (boomark / email).