STATE OF FLORIDA, APPELLANT,
v.
RANSEL DAVIS, APPELLEE
STATE OF FLORIDA, APPELLANT,
RANSEL DAVIS, APPELLEE
458 So. 2d 868
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order discharging Ransel Davis from criminal prosecution because of a speedy trial violation upon authority of Florida Rules of Criminal Procedure 3.191 and Giglio v. Kaplan, 392 So. 2d 1004 (Fla. 4th DCA 1981), State v. Breedlove, 400 So. 2d 468 (Fla. 4th DCA), pet. for rev. den., 402 So. 2d 608 (Fla. 1981).
We further point out that placing a detainer on a defendant who is in custody in another jurisdiction based on unrelated charges does not trigger the running of the speedy trial rule. Perkins v. State, 457 So. 2d 1053 (Fla. 1st DCA 1984), State v. Lazarus, 433 So. 2d 1314 (Fla. 2d DCA 1983), and Gaskins v. State, 415 So. 2d 132 (Fla. 5th DCA 1982).
Reversed.
DOWNEY, LETTS and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hill v. State, 132 So. 3d 925 (Fla. 1st DCA 2014)…. Johns County on that date constituted a mere “detainer” or “hold.” Such a “detainer” or “hold” does not constitute “custody” for purposes of starting the speedy trial clock. See generally State v. Bassham, 352 So. 2d 55 (Fla.1977); State v. Davis, 458 So. 2d 868 (Fla. 4th DCA 1984); O’Bryan v. State, 326 So. 2d 83 (Fla. 1st DCA 1976). The state further argues that the events of May 11 and 12, 2011, do not amount to an “arrest” because the petitioner was not booked on those charges and the Duval County warra…
Authorities Cited
- Gaskins v. State, 415 So. 2d 132 (Fla. 5th DCA 1982)
- Carmine John Giglio v. Honorable Stanton S. Kaplan, 392 So. 2d 1004 (Fla. 4th DCA 1981)
- Gray v. State, 400 So. 2d 468 (Fla. 5th DCA 1981)
- Perkins v. State, 457 So. 2d 1053 (Fla. 1st DCA 1984)
- State v. Lazarus, 433 So. 2d 1314 (Fla. 2d DCA 1983)