Jones v. State

FULMER, Judge.

Shawn Jones appeals the denial of her motion for discharge filed pursuant to Florida Rule of Criminal Procedure 3.191(h) (1995). She argues that the trial court erred by granting the State’s motion to extend the speedy trial period due to exceptional circumstances. We agree and reverse because the routine practice of not empaneling jurors during a regularly scheduled holiday period is not an exceptional circumstance as defined in rule 3.191(Z).

Jones filed a notice of expiration of speedy trial pursuant to Florida Rule of Criminal Procedure 3.191(h) and (p) on December 12, 1995,…