81 So. 3d 599
Fla. Dist. Ct. App.2012Background
- Whitehall was arrested Nov 4, 2008 after a countywide motorcycle pursuit.
- Originally charged Dec 1, 2008 with fleeing to elude (3rd degree).
- Speedy trial period was 175 days, ending Apr 27, 2009; notice of expiration filed May 11, 2009.
- Superseding information filed May 18, 2009 amending to fleeing to elude with high speed or wanton disregard (2nd degree).
- Trial court denied discharge, Whitehall was tried and convicted on the amended charge, and sentenced to 364 days’ county jail.
- Court reversed the conviction on appeal, holding the State could not charge a new offense after speedy‑trial period expired and from the same episode; remanded for judgment on the original charge with credit for time served.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the state amend after speedy trial to a new offense from the same episode? | Whitehall | State | No; new offense invalid after speedy trial. |
| Did Whitehall waive speedy trial by accepting a trial date outside the period? | Whitehall | State | No valid waiver proven; record insufficient. |
| Is remand proper to enter judgment on the original charge and credit time served? | Whitehall | State | Yes; reverse and remand for original fleeing to elude. |
Key Cases Cited
- State v. Burnett, 870 So.2d 858 (Fla. 3d DCA 2004) (recapture window provides last chance to bring defendant to trial)
- State v. Clifton, 905 So.2d 172 (Fla. 5th DCA 2005) (amending to a new charge after speedy-trial lapsed is prejudicial)
- D.A., 939 So.2d 149 (Fla. 5th DCA 2006) (new elements in amended offense = new offense for speedy-trial purposes)
- Pezzo v. State, 903 So.2d 960 (Fla. 1st DCA 2005) (recapture cannot be used to create new greater offense)
- Saunders v. State, 436 So.2d 166 (Fla. 2d DCA 1983) (affirmative acceptance of trial date constitutes waiver; mere silence does not)
- State v. Swint, 464 So.2d 242 (Fla. 2d DCA 1985) (silence not waiver of speedy trial rights)
- State v. Ansley, 349 So.2d 837 (Fla. 1st DCA 1977) (waiver concepts in speedy-trial context)
- Martin v. State, 449 So.2d 939 (Fla. 4th DCA 1984) (record must show waiver; lack of documentation undermines waiver claim)