McKinney's petition also fails to mention that Lasker has been limited "to the very unusual facts of that case." Baxter v. Downey, 581 So.2d 596, 599 (Fla. 2d DCA 1991). The state responds to the petition with a "shot gun" argument that can be summarized as follows.

R. Jud. Admin. 2.514(a)(3); see also Baxter v. Downey, 581 So.2d 596, 599 (Fla. 2d DCA 1991) (explaining that the computation of time rule is used to calculate the recapture window's “two separate time periods”); Ricci v. Parker, 518 So.2d 284, 287 (Fla. 2d DCA 1987) (concluding that reading the speedy trial rule together with the time computation rule “effectively requires a discharge hearing in five business days”), rev. denied,519 So.2d 988 (Fla.1988). We recognize that a committee note to the adult speedy trial rule provides that the “intent” of the recapture window is “to provide the state attorney with 15 days within which to bring a defendant to trial from the date of the filing of the motion for discharge.”

The premature demand should have been held in abeyance until the information was filed, thereby obligating the State to provide discovery within 15 days after it filed the information. But see State ex rel. Butler v. Cullen, 253 So.2d 861 (Fla. 1971) (written demand for speedy trial filed before indictment was a nullity); State v. Gibson, 5D00-702 (Fla. 5th DCA April 12, 2001) (motion for discharge was untimely, as continuance had already been granted, so motion was nullity and could not trigger procedural mechanism requiring hearing and trial within 15 days); Kessler v. City of Naples, 779 So.2d 378 (Fla. 2d DCA 2000) (trial court order, entered while appeal was pending, was nullity); Baxter v. Downey, 581 So.2d 596 (Fla. 2d DCA 1991) (premature filing of motion for speedy trial discharge before speedy trial time had lapsed was nullity). Next, we must consider whether Pura is entitled to a discharge.

The 15-day recapture window afforded by rule 3.191(p)(3) is actually "more properly viewed as two separate time periods, one for the hearing (five days) and one for trial (ten days)." Baxter v. Downey, 581 So.2d 596, 599 (Fla. 2d DCA 1991). Because the period within which the hearing must be held is less than seven days, "intermediate Saturdays, Sundays, and legal holidays [must] be excluded in the computation."

By discharging Howard, Judge Casanueva closed the "window of recapture" that is intended to operate for the benefit of the state. See Baxter v. Downey, 581 So.2d 596 (Fla. 2d DCA 1991). "[T]he underlying purpose of the 1985 amendments . . . was to eliminate the kind of automatic speedy trial dismissal which occurred below."