DEIDRE D. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DEIDRE D. THOMAS, APPELLANT,
STATE OF FLORIDA, APPELLEE
997 So. 2d 526
Florida District Court of Appeal, Fourth District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant asserted in her rule 3.850 motion that her counsel was ineffective for failing to move for discharge based on the expiration of the speedy trial time period. The court denied the motion summarily, concluding that appellant had not been arrested, which would start the running of the speedy trial period, but rather had merely been detained. There are no attachments, however, which conclusively refute appellant’s claim that she was actually arrested, and accordingly, as in State v. Fives, 409 So. 2d 221 (Fla. 4th DCA 1982), we reverse and remand for the attachment of documents or an evidentiary hearing.
POLEN, KLEIN and STEVENSON, JJ., concur.
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Seyed R. Miran v. State, 46 So. 3d 186 (Fla. 2d DCA 2010)…permission. The court adjudicated him guilty and sentenced him to five years in prison. By opinion dated January 7, 2009, this court reversed the revocation of Miran’s probation, finding that it was based solely on hearsay evidence. Miran v. State, 997 So. 2d 526 (Fla. 2d DCA 2009). The effect of this court’s opinion should have been to reinstate Miran’s original withhold of adjudication and sentence of fifteen years’ probation with payment of restitution as a condition of probation. However, on remand, the…
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Authorities Cited
- State v. Michaela Fives, 409 So. 2d 221 (Fla. 4th DCA 1982)