ROY EUGENE CRADDUCK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ROY EUGENE CRADDUCK, PETITIONER,
STATE OF FLORIDA, RESPONDENT
360 So. 2d 416
Florida Supreme Court (1978)
Positive Treatment
Cited by 4 cases
Opinion of the Court
HATCHETT, Justice.
The district court, 356 So. 2d 323, has certified to us the question:
Whether the speedy trial time provisions of Fla.R.Crim.P. 3.191(b)(1) apply to a defendant who, after being arrested or charged, is thereafter imprisoned on an unrelated charge?
We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution (1968) and answer this question in the negative. See Lewis v. State, 357 So. 2d 725 (Fla.1978).
Therefore, we remand this case to the district court for further proceedings consistent with our decision in Lewis.
It is so ordered.
OVERTON, C. J., and ADKINS, BOYD and SUNDBERG, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Muller v. State, 387 So. 2d 1037 (Fla. 3d DCA 1980)…ruled that when Muller’s probation was revoked and a sentence of imprisonment imposed, Muller became a “prisoner” within the meaning of Florida Rule of Criminal Procedure 3.191(b)(1), to be tried within a year, not 180 days. Under Cradduck v. State, 360 So. 2d 416 (Fla.1978), and Lewis v. State, 357 So. 2d 725 (Fla.1978), the determination of whether a defendant is a prisoner is based upon his status at the commencement of the speedy trial period, here on December 29, 1975. The trial court’s reason for denial…
-
State v. Cleveland Jimmy Wright, 375 So. 2d 299 (Fla. 2d DCA 1979)…osetdefend-ants imprisoned in a state or county penal or correctional institution pursuant to a criminal judgement of guilt and does not apply to those defendants being held in jail while awaiting a trial. [Emphasis supplied.] In Cradduck v. State, 360 So. 2d 416 (Fla. 1978), the Florida Supreme Court stated in answer to a certified question that Rule 3.191(b)(1) does not apply to a defendant who, after being arrested or charged, is thereafter imprisoned on an unrelated charge, citing Lewis. In the instant…
Authorities Cited
- Wood v. State, 357 So. 2d 725 (Fla. 1978)
- Lewis v. State, 357 So. 2d 725 (Fla. 1978)
- Cradduck v. State, 356 So. 2d 323 (Fla. 4th DCA 1977)
- State v. Harvey, 356 So. 2d 323 (Fla. 1st DCA 1977)