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STATE v. WILLIAMS

No. 91-2501.

597 So.2d 960 (1992)

STATE of Florida, Appellant, v. Ervin Eugene WILLIAMS, Appellee.

District Court of Appeal of Florida, Fifth District.

May 1, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellee.

COBB, Judge.

The issue in this case is the applicability of the 15-day recapture period in Florida's speedy trial rule1 after the state has entered a nolle prosequi, recharged the defendant, and failed to bring him to trial within 190 days of his initial arrest.

Subsection (h)(2) of Rule 3.191 provides:

(2) Nolle Prosequi; Effect. The intent and effect of this Rule shall not be avoided by the State by entering...

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