State v. Thomas

988 So.2d 1280 (2008)

STATE of Florida, Appellant,

v.

James A. THOMAS, Appellee.

No. 5D07-2550.

District Court of Appeal of Florida, Fifth District.

August 29, 2008.

Bill McCollum, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellant.

Michael W. Johnson, Ocala, for Appellee.

TORPY, J.

The State seeks review of an order of discharge under the speedy trial rule.[1] Our disposition of this case turns on the effect of defense counsel's agreement to a trial date outside the recapture window.[2] We conclude that by agreeing to a trial date outside…