final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Edward Harold Merrigan, Jr., Judge; L.T. Case
Moody, Attorney General, Tallahassee, and Marc B. Hernandez,
Assistant Attorney General, West Palm Beach, for appellant.
Haughwout, Public Defender, and Timothy Wang, Assistant
Public Defender, West Palm Beach, for appellee.
State appeals an order discharging the defendant on speedy
trial grounds. It argues the trial court erred in granting
the motion to discharge the defendant. We agree and reverse.
2013, the police responded to a disturbance complaint, which
resulted in the defendant's arrest for felony battery.
The State charged him however with misdemeanor battery on
August 19, 2013. The defendant moved for continuances in the
misdemeanor case on October 2013, December 2013, March 2014,
and April 2014, thereby waiving his speedy trial right.
2014, the State filed a new information charging the
defendant with felony battery for the July 2013 incident.
After the State filed the felony charge, the clerk of court
mailed a notice of arraignment to the address the defendant
provided; the notice was returned to the sender. In 2016, the
State nolle prossed the misdemeanor case.
the defendant failed to appear for his arraignment, the trial
court issued a capias. In doing so, the court stated that it
was the defendant's obligation to make sure the correct
address is on file or alternatively update it when he posted
bond. The court later withdrew the capias. The defendant
filed a notice of change of address. The defendant then moved
for, and the trial court granted, continuances in the felony
case in March 2017, February 2018, and April 2018.
2018, the defendant moved for discharge of the felony charge;
he subsequently amended his motion. At the hearing on the
amended motion, the defendant argued he was entitled to
discharge because: (1) the State failed to bring him to trial
within 175 days of his arrest; and (2) he did not have notice
of the felony case until after the speedy trial period
expired. The State responded that the defendant's
continuances in the misdemeanor case resulted in an ongoing
waiver of speedy trial in the felony case. Nevertheless, the
trial court granted the motion to discharge without
State now appeals.
State argues the trial court erred in granting the amended
motion for discharge because the defendant waived his right
to speedy trial and never made a demand for speedy trial. The
defendant responds that the State failed to preserve the
issue and the court properly granted the motion based on a
violation of his constitutional right to speedy trial.
de novo review of this legal issue. State v. Nelson,
26 So.3d 570, 573-74 (Fla. 2010).
properly preserve an issue for appellate review requires
three components, '[f]irst, a litigant must make a
timely, contemporaneous objection. Second, the party must
state a legal ground for that objection. Third, '[i]n
order for an argument to be cognizable on appeal, it must
be the specific contention asserted as legal ground for
the objection, exception, or ...