State Of Florida v. Jeffrey Lovelace

Supreme Court of Florida

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No. SC05-1395

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STATE OF FLORIDA,

Petitioner,

vs.

JEFFREY LOVELACE,

Respondent.

[April 6, 2006]

PER CURIAM.

We initially accepted jurisdiction to review Lovelace v. State, 906 So. 2d 1258 (Fla. 4th DCA 2005), a decision of the Fourth District Court of Appeal which certified conflict with the First District Court of Appeal's decision in State v. Jackson, 784 So. 2d 1229 (Fla. 1st DCA 2001). See art. V, § 3(b)(4), Fla. Const. Upon further consideration, we have now determined that Lovelace and Jackson address different situations and are not in conflict.

In Jackson, the defendant was charged with misdemeanor driving under the influence. The prosecutor filed a nolle prosequi in county court before the ninety- day speedy trial period expired. The misdemeanor charge was refiled in circuit court along with the felony driving under the influence charge well before the applicable 175-day speedy trial period had expired. See Jackson, 784 So. 2d at 1230. However, in Lovelace, the â€