NELSON v. STATE

Nos. 4D08-1751, 4D08-1753.

993 So.2d 1072 (2008)

Andrew NELSON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing and Granting Certification November 19, 2008.


Attorney(s) appearing for the Case

Lorena Valenzuela of Law Firm of Glantz & Glantz, P.A., Plantation, for petitioner.

Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for respondent.


WARNER, J.

The petitioner seeks to prohibit the trial court from continuing his prosecution in two separate cases based upon the right to a speedy trial discharge. The state claims that he waived his rule-based speedy trial rights by moving for a continuance in his first-filed juvenile case arising out of the same criminal episode. Because his motion for continuance occurred after the speedy trial time period had already...

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