State v. JG, No. 4D01-26
Decision Date | 13 February 2002 |
Docket Number | No. 4D01-1152., No. 4D01-26 |
Citation | 807 So.2d 748 |
Parties | STATE of Florida, Appellant, v. J.G., a child, Appellee. |
Court | Florida District Court of Appeals |
Robert A. Butterworth, Attorney General, Tallahassee, Alison B. Cutler and Andrea D. England, Assistant Attorneys General, Fort Lauderdale, for appellant.
Carey Haughwout, Public Defender, Margaret Good-Earnest and Gregory J. Morse, Assistant Public Defenders, West Palm Beach, for appellee.
The State has filed two appeals, arising from the same juvenile proceeding, which have been consolidated for our consideration. The minor, J.G., was arrested for possession of a controlled substance on September 2, 2000. On September 20, 2000, the State filed its Petition for Delinquency. November 1, 2000, J.G. filed a motion to suppress evidence, alleging the controlled substance found on her person September 2 had been taken in violation of her Constitutional rights. December 8, 2000, the trial court held a hearing on J.G.'s motion to suppress, at which time said motion was granted. This ruling was appealed by the State on December 22, 2000.
Meanwhile, J.G. filed a notice of expiration of speedy trial, on December 12, 2000, alleging the ninety-day speedy trial period had expired on December 1. A hearing was held on December 18, 2000, at which J.G.'s notice motion was acknowledged. The court set a trial date of December 28, 2000, ten days after the hearing. On December 28, the State moved for an extension of the speedy trial period, based on the pending appeal regarding the suppression order. J.G. moved for a discharge, claiming the State's motion for an extension was untimely. The court denied the State's motion for an extension and granted J.G.'s motion for discharge.1 The State timely appealed this entry of discharge, which was consolidated with the previous appeal concerning the suppression order.
We affirm the trial court's entry of discharge where the State's motion for an extension of speedy trial period was untimely. Florida Rule of Juvenile Procedure 8.090(m)(3) provides:
No later than 5 days from the date of the filing of a motion for discharge, the court shall hold a hearing on the motion, and unless the court finds that one of the reasons set forth in subdivision (d) exists, shall order that the respondent be brought to trial within 10 days. If the respondent is not brought to trial within the 10-day period through no fault of the respondent, the respondent shall be forever discharged from the crime.
The State argues its motion was not untimely since J.G. was brought to trial within ten (10) days of the notice hearing. We disagree, since J.G. was not brought to trial within fifteen (15) days of her filing of notice of expiration. The Florida Supreme Court has held Florida Rule of Criminal Procedure 3.191(p)(3), the analogue of the instant juvenile rule, provides the State with one fifteen (15) day period within which to bring a defendant to trial from the date of the filing of a motion for discharge. State v. Salzero, 714 So.2d 445 (Fla.1998). Here, J.G. was brought to trial sixteen (16) days after the filing of her motion for discharge, and thus, the State's motion for an extension at this time was untimely.2 Cf. Salzero, 714 So.2d at 447 (...
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State v. S.A.
...of how the deadline for the 5–day hearing is calculated or when the hearing is held. S.A., 96 So.3d at 1135 (quoting State v. J.G., 807 So.2d 748, 749 (Fla. 4th DCA 2002)). However, the Fourth District acknowledged that the Fifth District calculates the recapture window “as two separate but......
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State v. S.A., 4D11–4230.
...Procedure 8.090(m)(3) should be similarly construed as its adult counterpart, i.e., as one fifteen day time period.” State v. J.G., 807 So.2d 748, 749 (Fla. 4th DCA 2002); see also State v. D.H., 87 So.3d 795 (Fla. 3d DCA 2012) (agreeing that the recapture window is one fifteen-day period).......
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State v. D.H., 3D10–3157.
...on November 8, 2010. The court was required to bring the respondent to trial no later than November 23, 2010. See State v. J.G., 807 So.2d 748, 749 (Fla. 4th DCA 2002) (stating that the State has one fifteen-day period to bring a juvenile to trial). D.H. was brought to trial on November 17–......