Jenkins v. State

This court has previously held that Section 924.071(2), Florida Statutes (1975), does not automatically toll the time set forth in Fla.R.Crim.P. 3.191, for trying a defendant. State v. Cannon, 332 So.2d 127 (Fla. 4th DCA 1976). Because I feel bound to follow the Cannon holding, I concur in the decision to reverse appellant’s judgment of conviction.

However, if the question of the effect of Section 924.071(2) were before us for the first time I would vote to affirm the judgment of conviction (and the underlying order denying appellant’s motion for discharge filed pursuant to Rule 3.191) on…