Luis Born-Suniaga, Petitioner v. State of Florida, Respondent.

Summary

The court held that the State was not entitled to the speedy-trial rule's recapture period because it dismissed the original charge, led the defendant to believe the prosecution had ended, and failed to notify him of new charges based on the same conduct before the 175-day period expired. The court concluded that allowing a recapture period would circumvent the rule's prohibition against avoiding speedy-trial protections through new or different charges arising from the same criminal episode. It quashed the contrary district court decision and approved conflicting decisions to the extent consistent with its holding.