STATE OF FLORIDA v. JOHN TELUCIEN, 225 So. 3d 385

Background

Defendant arrested July 30, 2014 for misdemeanor battery and felony child abuse/lewdness based on conduct with a minor; state filed a "no information" on both charges Aug. 27, 2014.
On Oct. 27, 2014 (one day before the misdemeanor 90-day speedy period expired) the state filed a misdemeanor information.
Defendant requested and received a continuance/waiver on Jan. 29, 2015 during the misdemeanor prosecution.
On Aug. 18, 2015 the state amended/up‑filed the information to charge felony lewd and lascivious conduct arising from the same incident—209 days after the felony 175-day speedy period had expired.
The state later nol-pros the misdemeanor; defendant moved to discharge for violation of rule 3.191; trial court granted discharge, ruling the post-expiration waiver was a nullity under Agee/Genden/Williams.
Fourth District grants rehearing, reverses: holds the misdemeanor waiver (requested before any notice of expiration) carried over to the felony under Nelson and related precedent, so the state is entitled to the recapture period; case remanded.

Issues

Issue	State's Argument	Telucien's Argument	Held
Whether a defendant's waiver/continuance in a timely-filed misdemeanor tolled speedy-trial rights for later-filed felony arising from same episode	Waiver of speedy trial during misdemeanor prosecution waives speedy rights for all charges from same criminal episode, so state gets recapture period	Post-expiration waiver (made after felony 175-day period expired) is a nullity; Agee/Genden/Williams bar refiling/recapture when state failed/declined to charge before expiration	Court held waiver was effective as an ongoing waiver under Nelson; state entitled to recapture period and discharge order reversed
Applicability of Agee/Genden/Williams where state filed "no information" then later filed felony after speedy period	Those cases inapplicable because defendant had timely misdemeanor prosecution and affirmatively waived speedy trial during that prosecution	Trial court applied those cases to find state lulled defendant and could not recapture	Court rejected trial-court reliance on Agee/Genden/Williams given Nelson; no circumvention of rule here
Effect of defendant not filing a Notice of Expiration under current rule 3.191	State argues defendant never filed notice; waiver triggered recapture and defendant’s standalone motion to discharge insufficient to invoke auto-discharge	Defendant argued equitable tolling/abandonment prevented notice and barred recapture	Court emphasized that rule requires a notice to trigger recapture but here waiver operated to permit recapture; remanded for further proceedings
Whether felony filing after nol/pros/no-action always precludes recapture	State: not always—if defendant waived in related prosecution, recapture available	Defendant: Agee/Genden/Williams create categorical bar when state failed to file timely	Court: categorical bar does not apply where defendant affirmed waiver in timely misdemeanor; Nelson controls

Key Cases Cited

State v. Agee, 622 So. 2d 473 (Fla. 1993) (holding a nolle prosequi does not permit refiling based on same conduct after speedy period where prosecution was terminated)
Genden v. Fuller, 648 So. 2d 1183 (Fla. 1994) (extending Agee to situations where prosecution was terminated before formal charges were filed)
State v. Williams, 791 So. 2d 1088 (Fla. 2001) (holding state not entitled to recapture where it failed to act until after speedy period expired)
State v. Nelson, 26 So. 3d 570 (Fla. 2010) (holding a post-expiration continuance/waiver requested before filing a notice of expiration operates as an ongoing waiver for all charges arising from same episode)
State v. Clifton, 905 So. 2d 172 (Fla. 5th DCA 2005) (discussing fairness and preservation of speedy-trial rule in light of Agee/Genden)
State v. Naveira, 873 So. 2d 300 (Fla. 2004) (interpreting speedy-trial rule and related procedures)