State v. Ferrante

The State appeals orders granting defendant’s motion for discharge. We reverse.

The trial judge granted defendant’s motion for discharge on the ground that the defendant had not been brought to trial within ninety days of the denial of defendant’s first motion for discharge. The State correctly contends, and defendant does not dispute, that under State v. Veliz, 524 So.2d 1157 (Fla. 3d DCA 1988), the grace period of Rule 3.191(i)(4), Florida Rules of Criminal Procedure (1989),* ap*423plied and permitted the State fifteen additional days after the filing of the motion for discharge to bring the…