State v. S.A.
Annotate this CaseS.A. filed a notice of expiration of speedy trial and a motion seeking a discharge under the speedy trial rule, alleging that he was entitled to a discharge because the State failed to bring him to trial within the fifteen-day recapture window. The State argued that it had brought S.A. to trial within the recapture window because (1) the recapture window consists of two separate five- and ten-day periods calculated pursuant to the computation of time rule; and (2) the hearing on S.A.’s motion was held within five days of the date S.A. filed his motion, and S.A. was brought to trial within ten days of the hearing. The trial court discharged S.A. The court of appeal affirmed, holding that the recapture window is one fifteen-day time period. The Supreme Court quashed the decision of the court of appeals, holding (1) the recapture window is calculated as two separate five- and ten-day time periods; and (2) therefore, S.A. was not entitled to a discharge.
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