State of Florida vs Brandy Lee Johnson

Annotate this Case

Download PDF

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-2649 _____________________________ STATE OF FLORIDA, Appellant, v. BRANDY LEE JOHNSON, Appellee. _____________________________ On appeal from the Circuit Court for Alachua County. James M. Colaw, Judge. August 26, 2021 RAY, J. The State of Florida challenges the trial court’s order granting Brandy Lee Johnson’s motion for discharge based on the State’s failure to file an information within 175 days of her arrest, thereby violating her speedy trial rights. Below and on appeal, the State argued that the delay was permissible under the Florida Supreme Court’s administrative orders suspending all speedy trial time periods in response to the COVID-19 pandemic. * Johnson See Fla. Admin. Order No. AOSC20-13 (Fla. Mar. 13, 2020); Fla. Admin. Order No. AOSC20-17 (Fla. Mar. 24, 2020); Fla. Admin. Order No. AOSC20-23 (Fla. Apr. 6, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 1 (Fla. May 4, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 2 (Fla. May 21, 2020); Fla. Admin. * countered that the supreme court only intended to suspend the speedy trial periods pertaining to in-person proceedings, not the time for investigating or filing an information. During the pendency of this appeal, this Court decided Smith v. State, 310 So. 3d 1101 (Fla. 1st DCA 2020). Smith held that the supreme court’s administrative orders suspended all time periods pertaining to the speedy trial procedure, including the time for the State to file or amend an information. Id. at 1103. Thus, pursuant to Smith, we reverse. REVERSED and REMANDED for further proceedings. MAKAR and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Ashley Moody, Attorney General, and Trisha Meggs Pate and Adam B. Wilson, Assistant Attorneys General, Tallahassee, for Appellant. Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellee. Order No. AOSC20-23, Amend. 3 (Fla. June 8, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 4 (Fla. June 16, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 5 (Fla. July 2, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 6 (Fla. Aug. 12, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 7 (Fla. Oct. 2, 2020); Fla. Admin. Order No. AOSC20-23, Amend. 8 (Fla. Nov. 23, 2020). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.