Armas v. State

SHEVIN, Judge.

Defendant Raul Armas seeks discretionary review of a certified question of the County Court following imposition of judgment and sentence. The question asks:

SHOULD THE COURT COUNT THE DATE THAT DEFENDANT FILED HIS/HER NOTICE OF EXPIRATION OF SPEEDY TRIAL?

We accept jurisdiction, Fla. R.App. P. 9.030(b)(4)(A).

As a threshold matter, we are not persuaded by defendant’s contention that the trial court was without jurisdiction to consider the state’s motion to vacate the discharge order entered sua sponte without notice to the state or an opportunity to be heard. The trial court may…