State v. Lopez

DANAHY, Judge.

We hold that when the state appeals an order suppressing evidence, it need not obtain a trial court order extending the speedy trial time period in accordance with rule 3.191(d)(2), Florida Rules of Criminal Procedure, if the defendant has previously filed an effective waiver of his right to be brought to trial within the period of time established in rule 3.191(a)(1). The trial judge in this case ruled to the contrary and discharged the defendant on the ground that rule 9.140(c)(2), Florida Appellate Rules, requires the state to obtain an extension of speedy trial time whenever…