Born-Suniaga v. State

• Decision Date: 15 October 2018
• Docket Number: No. SC17-1014,SC17-1014
• Citation: 256 So.3d 783
• Parties: Luis BORN-SUNIAGA, Petitioner, v. STATE of Florida, Respondent.
• Court: Florida Supreme Court

256 So.3d 783

Luis BORN-SUNIAGA, Petitioner,

v.STATE of Florida, Respondent.

No. SC17-1014

Supreme Court of Florida.

October 15, 2018

A. Randall Haas, Fort Lauderdale, Florida, for Petitioner

Pamela Jo Bondi, Attorney General, Tallahassee, Florida, Celia Terenzio, Bureau Chief, and Kimberly T. Acuña, Assistant Attorney General, West Palm Beach, Florida, for Respondent

POLSTON, J.

We review the decision of the Fourth District Court of Appeal in State v. Born-Suniaga , 219 So.3d 74 (Fla. 4th DCA 2017), which certified conflict with decisions of the First, Second, and Third District Courts of Appeal.¹ For the reasons explained below, we hold that the State is not entitled to the recapture period discussed in Florida Rule of Criminal Procedure 3.191 where the State informed the defendant it had terminated its prosecutorial efforts but failed to notify the defendant of new and different charges based on the same conduct or criminal episode that were filed before the speedy trial period expired. Therefore, we quash the Fourth District's contrary decision in Born-Suniaga , disapprove the Fifth District Court of Appeal's decision in State v. Jimenez , 44 So.3d 1230 (Fla. 5th DCA 2010), on which the Fourth District relied for its holding, to the extent it is inconsistent with this decision, and approve the First, Second, and Third District's decisions in the certified conflict cases to the extent they are consistent with this decision.

I. BACKGROUND

The Fourth District described the facts as follows:

Following an incident on November 6, 2014, [Born-Suniaga] was arrested the same day for misdemeanor battery in attempting to prevent the victim from reporting a noise complaint to law enforcement. [Born-Suniaga] provided his address, posted bond, and was released on November 7, 2014.

On February 6, 2015, ninety-two days after his arrest, the State filed an information charging [Born-Suniaga] with tampering with a witness in violation of section 914.22, Florida Statutes (2014), a felony, and misdemeanor battery, on the basis of the November incident. That same day, the State filed instructions for the Clerk to issue a not-in-custody capias as to both counts. On February 11, 2015, the State asked the Broward Sheriff's Office ("BSO") to serve the capias, listing the address [Born-Suniaga] had provided upon his initial arrest. A detective was assigned to execute the warrant on March 25, 2015. There is no indication in the record that the detective made any effort to serve the warrant.

On April 15, 2015, the State filed a "no information" sheet on the original misdemeanor battery charge. [Born-Suniaga] was notified that the charge had been dismissed and his bond discharged.

The 175–day speedy trial period expired on April 30, 2015.

[Born-Suniaga] first became aware of the new charges on November 19, 2015, well over 175 days after his arrest, through his co-defendant's counsel. Upon becoming aware of the charges, [Born-Suniaga] did not file a notice of expiration of speedy trial time. Rather, on November 25, 2015, [Born-Suniaga] moved to discharge, arguing that he was entitled to immediate discharge because the State was not allowed a fifteen-day recapture period, as it had not made any effort to notify him of the charges within the speedy trial period. The State responded, arguing that because the information was filed before the expiration of the 175–day period, the State was entitled to a recapture period. The State further argued that reasonable efforts were made to serve [Born-Suniaga] with the capias during the speedy trial period, as evidenced by its communications with BSO.

The trial court held an evidentiary hearing on the motion to discharge. [Born-Suniaga] was the only witness to testify. He stated that since his initial arrest, he had moved twice, but had updated his address with the U.S. Postal Service each time and had his mail forwarded from the original address. He did not update his address with the Clerk's office. However, he did not receive any forwarded mail from the Clerk, much less anything suggesting that there were pending charges against him. Nothing in the record indicates that the Clerk's office sent [Born-Suniaga] any notice when the information was filed in February 2015.

[Born-Suniaga] testified that he had repeatedly tried to determine whether the State had filed any new charges against him. On February 20, 2015, after his co-defendant was charged, [Born-Suniaga] was informed by his attorney that there were no charges against him. He went to the jail later that day when his co-defendant turned himself in. At the jail, [Born-Suniaga] was informed by a deputy that there were no charges pending against him. Later that day, [Born-Suniaga] encountered other police officers who told him he was free to go and informed him that there were no warrants against him. In April 2015, [Born-Suniaga] looked his case up and saw that it was listed as having been "disposed." Based on this, he was led to believe there were no charges against him.

The State presented no evidence. It did not show that anyone had attempted to notify [Born-Suniaga] of the charges filed. No clerk's office employee testified that any mailings had been sent to [Born-Suniaga], and no testimony showed that BSO had made any attempt to serve [Born-Suniaga].

The trial court found that there was no record activity from [Born-Suniaga] in the case file, no notices were ever mailed to him, and the file "pursuant to the clerk's office policy was sealed." The court concluded that there was no way for [Born-Suniaga] to find out that this case existed and no effort to alert him to the fact that charges stemming from the initial incident were still ongoing.... [T]he court granted [Born-Suniaga's] motion for discharge without allowing the State the fifteen-day recapture period. The State timely appealed.

Born-Suniaga , 219 So.3d at 75-77 (footnotes omitted).

On appeal, the State argued that the trial court "erred by granting [Born-Suniaga's] motion for discharge without affording the State the opportunity to try him within the recapture period, where the information was filed within the speedy trial timeframe, but [Born-Suniaga] was not served until after the expiration of that time." Id. at 77. An en banc Fourth District agreed with the State, finding support for its conclusion in rule 3.191(p) —which provides that trial within a recapture period is the remedy for the State's failure to try a defendant within the time specified by the speedy trial rule—and this Court's decisions in State v. Nelson , 26 So.3d 570 (Fla. 2010) (reaffirming that the defendant has a right to a speedy trial, not the right to a speedy discharge), and State v. Naveira , 873 So.2d 300 (Fla. 2004) (holding the State was entitled to the recapture period where it charged the defendant on the last possible day under the speedy trial rule even though that timing precluded the defendant from being prepared to go to trial within the speedy trial time period). Id. at 77-80.

In so holding, the Fourth District receded from its prior decisions "requiring that the defendant be notified of the charges within the speedy trial period." Id. at 82. The Fourth District also certified conflict with Puzio v. State , 969 So.2d 1197 (Fla. 1st DCA 2007), State v. Drake , 209 So.3d 650 (Fla. 2d DCA 2017), 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). Id .

II. ANALYSIS

Born-Suniaga argues that the State is not entitled to the speedy trial rule's recapture period when it leads the defendant to believe that it has terminated its prosecutorial efforts and fails to notify the defendant that new and different charges based on the same conduct were filed before the speedy trial period expired.² We agree.

This case solely involves the application of Florida Rule of Criminal Procedure 3.191.³ Specifically, it relates to the default 175-day period of rule 3.191 when a defendant facing a felony charge does not formally demand a speedy trial. Subdivision (a) of rule 3.191 states, in pertinent part, that

every person charged with a crime shall be brought to trial ... within 175 days of arrest if the crime charged is a felony. If trial is not commenced within these time periods, the defendant shall be entitled to the appropriate remedy as set forth in subdivision (p).

Fla. R. Crim. P. 3.191(a). Subdivision (j) provides that "[i]f trial of the accused does not commence within the periods of time established by this rule, a pending motion for discharge shall be granted by the court unless it is shown that" one of several mentioned exceptions apply. Fla. R. Crim. P. 3.191(j). Under subdivision (p), the defendant's filing of a notice of expiration of time for speedy trial triggers the trial court to conduct the inquiry required by subdivision (j) to determine whether any of the exceptions to the expiration of the speedy trial period (e.g., a continuance charged to the defendant) are applicable. If not, subdivision (p) requires that the State be given what is commonly referred to as a "recapture period" within which to bring the defendant to trial. Specifically, subdivision (p)(3) provides:

No later than 5 days from the date of the filing of a notice of expiration of speedy trial time, the court shall hold a hearing on the notice and, unless the court finds that one of the reasons set forth in subdivision (j) exists, shall order that the defendant be brought to trial within 10 days. A defendant not brought to trial within the 10-day period through no fault of the defendant, on motion of the defendant or the court, shall be forever discharged from the crime.

Fla. R. Crim. P. 3.191(p)(3) ; see also Nelson , 26 So.3d at 576 ("[T]he recapture period illustrates the principle that a defendant has a right to speedy trial, not a right to speedy discharge without trial.").

Importantly, however, subdivision (o ) of rule 3.191 provides...