S.D. v. State

AMENDED OPINION ON REHEARING

FARMER, J.

We grant defendant’s motion for clarification and amend our original opinion as follows. We deny the other motions.

Defendant complains on appeal that he was denied his speedy trial rights under rule 3.191(h) when the State failed to bring him to an adjudicatory hearing within the 10 day period following a hearing on his motion for discharge. We affirm the disposition.

We think the issue is controlled by State v. Salzero, 714 So.2d 445 (Fla.1998), where the same argument was made about the same provision in rule 3.191(p)(3). Fla. R.Crim. P. 3.191(p)(3).…