AYUXEY GONZALEZ-HERNANDEZ
v.
THE STATE OF FLORIDA
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Ayuxey Gonzalez-Hernandez was convicted on eight misdemeanor charges after a jury trial. On appeal, he challenged the trial court's striking of his speedy trial notice, arguing the court erred in finding he had waived his speedy trial rights. The appellate court reversed and remanded for discharge after finding no evidence of a valid waiver.
The trial court erred in striking the notice of expiration of speedy trial because competent, substantial evidence did not support its finding that Gonzalez-Hernandez waived his speedy trial rights. The judgment of conviction and sentence were vacated and the case remanded for discharge.
[1] A trial court's ruling on a speedy trial motion presents mixed questions of law and fact, with factual findings reviewed for competent, substantial evidence and legal con…
[2] A defendant's waiver of speedy trial rights must be affirmatively established by the record, and mere check boxes in clerk's minutes are insufficient without supporting t…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the standard of review for speedy trial motions
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Join FLexlaw to unlock all legal intelligenceGonzalez-Hernandez was charged with eight misdemeanor offenses. The trial court struck his notice of expiration of speedy trial, relying on clerk's mi…
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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.