Automatic Discharge Despite Post-Expiration Continuance
In Ryan v. State, 768 So. 2d 19 (Fla. 3d DCA 2000) the defendant requested a post-expiration continuance, which was granted. See id. at 20.
Shortly thereafter, the defendant filed a notice of expiration. See id.
There is no indication that the effect of the continuance was considered at that time.
The trial court scheduled a trial during the recapture period, but the State still failed to bring the defendant to trial within that time. See id.
The Third District in Ryan concluded that under these circumstances, the defendant was properly entitled to automatic discharge despite the post-expiration continuance. See id.