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STATE v. NAVEIRA

No. SC02-633.

873 So.2d 300 (2004)

STATE of Florida, Petitioner, v. Juan NAVEIRA, Respondent.

Supreme Court of Florida.

April 22, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, FL, for Petitioner.

Erik Courtney, Miami, FL, for Respondent.

CANTERO, J.

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...

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