State v. Rohm

FARMER, Judge.

When the speedy trial time provided in rule 3.191(a)1 has fully run, and the trial court grants a timely motion for discharge during the unexpired 15-day window period2 which is reversed on appeal, does the state on remand have the 15-day window period to bring the defendant to trial, or instead the 90-day appellate mandate period?3 Under the facts of this case, we hold that the 15-day window period applies and affirm the court’s discharge after remand.

In the first appeal in this case, State v. Rohm, 596 So.2d 1271 (Fla. 4th DCA 1992), we reversed the speedy trial discharge…