Florida State University Law Review Volume 13 Issue 1 Article 2 Spring 1985 Florida's New Speedy Trial Rule: The "Window of Recapture" John F. Yetter Florida State University College of Law Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation John F. Yetter, Florida's New Speedy Trial Rule: The "Window of Recapture", 13 Fla. St. U. L. Rev. 9 (1985) . https://ir.law.fsu.edu/lr/vol13/iss1/2 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact
[email protected]. FLORIDA'S NEW SPEEDY TRIAL RULE: THE "WINDOW OF RECAPTURE" JOHN F. YETTER* The Florida Supreme Court amended the criminal speedy trial rule, Rule 3.191, Florida Rules of Criminal Procedure, effective January 1, 1985.1 Under the previous rule, an accused was abso- lutely discharged from prosecution if the time provisions were vio- * Professor of Criminal Law and Associate Dean, Florida State University. Chairman, Criminal Procedure Rules Committee of the Florida Bar. Lehigh University, B.A., B.S., 1963; Duquesne University, J.D., 1967; Yale University, LLM., 1968. 1. Florida Bar Re: Amendment to Rules-Criminal Procedure, 462 So. 2d 386 (Fla. 1984). Neither the amendment, nor the commentary to it, contains any provision relating to the transitional period. The state may contend that the amendment permits recapture of defendants in any case where the underlying speedy trial time had not expired as of January 1, 1985.