STATE v. GRIFFIN (2019)

District Court of Appeal of Florida, Third District.

The STATE of Florida, Appellant, v. Isiah GRIFFIN, Appellee.

No. 3D14-2460

Decided: March 13, 2019

Before SALTER 1, LOGUE 2 and SCALES, JJ.

Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellant. Rasco Klock Perez & Nieto, and Joseph P. Klock, Jr. and Hilton Napoleon, II, Coral Gables, for appellee.

Affirmed. See Born-Suniaga v. State, 256 So.3d 783, 786 (Fla. 2018) (holding that the State is not entitled to Florida Rule of Criminal Procedure 3.191(p)'s recapture period when the State terminates prosecution and files new charges based on the same conduct before speedy trial period expires, but fails to notify the defendant of new charges until after expiration of speedy trial period).

PER CURIAM.

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