In State of Florida v. Nelson (SC08-2325), the Florida Supreme Court answered a certified question from the Fourth District and held:
Justice Canady concurred in result only. Justice Pariente was recused.When the State is entitled to the recapture period, a continuance that is chargeable to the defense and made after the expiration of the speedy trial period but before a defendant files a notice of expiration waives a defendant’s speedy trial rights under the default period of the rule.
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