Ayuxey Gonzalez-Hernandez v. The State of Florida
This text of Ayuxey Gonzalez-Hernandez v. The State of Florida (Ayuxey Gonzalez-Hernandez v. The State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed June 19, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1124 Lower Tribunal No. 21-978-A-P ________________
Ayuxey Gonzalez-Hernandez, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the County Court for Monroe County, Sharon I. Hamilton, Judge.
Michael Ufferman Law Firm, P.A., and Michael Ufferman (Tallahassee), for appellant.
Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.
Before LOGUE, C.J., and GORDO and LOBREE, JJ.
LOBREE, J.
Ayuxey Gonzalez-Hernandez appeals from his adjudication of guilt and sentence after jury trial on eight misdemeanor charges, raising error in
striking his notice of expiration of speedy trial and denying his motion for
discharge pursuant to Florida Rule of Criminal Procedure 3.191. A trial
court’s ruling on a speedy trial motion to discharge presents mixed questions
of law and fact. The trial court’s factual findings will be sustained if supported
by competent, substantial evidence and its application of the law to the facts
is reviewed de novo. Davis v. State, 286 So. 3d 170, 173–74 (Fla. 2019).
Gonzalez-Hernandez contends that the trial court’s sole reason for
striking his notice of expiration of speedy trial was its belief that he had
allegedly waived his speedy trial rights during hearings on September 15,
2021, and November 10, 2021. Clerk’s minutes in the court record did
contain check boxes reflecting a speedy trial waiver. However, a review of
the transcripts of both hearings establishes that Gonzalez-Hernandez did not
waive his speedy trial rights during either. As competent, substantial
evidence does not support the trial court’s finding of a waiver of speedy trial,
we vacate the judgment of conviction and sentence and remand for
discharge. See Fla. R. Crim. P. 3.191(p). Given our disposition, we need not
reach the remaining issues raised on appeal.
Reversed and remanded.
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