STATE OF FLORIDA, PETITIONER,
v.
HENRY ANDREWS AND ROBERT LEE RICHBURG, RESPONDENTS
STATE OF FLORIDA, PETITIONER,
HENRY ANDREWS AND ROBERT LEE RICHBURG, RESPONDENTS
376 So. 2d 9
Florida Supreme Court (1979)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
This case involves an interpretation of our speedy trial rule, Fla.R.Crim.P. 3.191. For the reasons expressed in the dissenting opinion of Judge Kehoe, we reverse the decision of the Third District Court of Appeal, as reported at 369 So. 2d 610 (Fla. 3d DCA 1979), and hold that rule 3.191 requires that a defendant be taken into state custody in order to start the speedy trial times expressed in the rule.
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur.
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State v. Lail, 687 So. 2d 873 (Fla. 2d DCA 1997)…of the speedy trial rule. The state filed a timely notice of this appeal. Florida Rule of Criminal Procedure 3.191 provides that a defendant must be taken into state custody to trigger the running of the time for speedy trial. See State v. Andrews, 376 So. 2d 9 (Fla.1979). Though custody for speedy trial purposes does not necessarily mean that a defendant must be formally arrested, it does mean something more than an investigatory detention. See State v. Christian, 442 So. 2d 988 (Fla. 2d DCA 1983). See al…
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Bannister v. State, 382 So. 2d 77 (Fla. 5th DCA 1980)…t arrest of Bannister in September of 1978 was not independent of the earlier federal investigation. Therefore the appellant was taken into state custody commencing the speedy trial time in September, rather than February, of 1978. State v. Andrews, 376 So. 2d 9 (Fla.1979). AFFIRMED. COBB, J., concurs. DAUKSCH, C. J., concurs specially with opinion.…1 / 2
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State v. Andrews, 377 So. 2d 234 (Fla. 3d DCA 1979)…2d 610) affirming the order of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed October 11, 1979 (376 So. 2d 9) and mandate now lodged in this court, quashed this court’s judgment. NOW, THEREFORE, It is Ordered that the judgment of this court filed in this cause on January 23, 1979 is vacated and the said opinion and judgment of the Supreme Court of Florid…
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- State v. Andrews, 369 So. 2d 610 (Fla. 3d DCA 1979)