STATE OF FLORIDA v. SAMUEL EMMANUEL, 21-0348

Defendant Samuel Emmanuel arrested March 26, 2020 (robbery) and held in custody.
State filed an information charging petit theft on July 7, 2020 (about 103 days after arrest).
Defendant moved for discharge under Florida Rule of Criminal Procedure 3.191(a), arguing he was not brought to trial within the 90-day speedy-trial period and the State should have filed sooner.
Trial court found the State negligent in failing to timely file charges and granted discharge by operation of law.
The State appealed, arguing Florida Supreme Court Administrative Order AOSC 20-13 (and its extension AOSC 20-23) tolled "all time periods involving the speedy trial procedure," permitting the late filing.
The Fourth District reversed the discharge, holding the administrative orders tolled the speedy-trial time periods and remanding to reinstate the charge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether AOSC 20-13/AOSC 20-23 tolled the 90-day speedy-trial time and the State's obligation to file charges within that period	AOSC 20-13 suspended "all time periods involving the speedy trial procedure," so the State could file after 90 days	AOSC 20-13 only suspended court proceedings (jury trials); it did not excuse the State's duty to timely file charges and cannot abrogate due process	Court held the administrative orders tolled all time periods involving the speedy-trial procedure; reversed discharge and reinstated the charge

State v. Cheeks, 294 So. 3d 934 (Fla. 4th DCA 2020) (standard of review for mixed questions of law and fact)
Davis v. State, 286 So. 3d 170 (Fla. 2019) (cited for review principles)
Sullivan v. State, 913 So. 2d 762 (Fla. 5th DCA 2005) (administrative tolling of speedy-trial periods after hurricanes)
State v. Hernandez, 617 So. 2d 1103 (Fla. 3d DCA 1993) (similar administrative tolling precedent)