STATE OF FLORIDA EX REL. ROBERT AVERA, RELATOR,
v.
HONORABLE CARL HARPER, CIRCUIT JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA, RESPONDENT
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The speedy trial time for charges in one county does not begin to run until the defendant is transferred to that county's custody, even if a hold was placed earlier.
Robert Avera was arrested in St. Lucie County and informed of an outstanding Palm Beach County warrant, with a hold placed. He was later transferred t…
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. PER CURIAM.
Robert Avera filed a suggestion for writ of prohibition claiming a violation of his speedy trial rights. Rule 3.191, Fla.R. Crim.P. The stipulated facts show that he was arrested in St. Lucie County on a St. Lucie County warrant on March 13, 1979. Immediately subsequent to his arrest he was informed of an outstanding Palm Beach County warrant and a “hold” was lodged against him. Avera was sentenced on the St. Lucie charges on September 14, 1979 and was transferred to the Palm Beach County Jail on September 18, 1979.
The determinative question is when did the speedy trial time begin to run for the Palm Beach County charges — March 13th or September 18th? The trial judge was eminently correct in selecting the latter date. Most recently in State v. Camper, 356 So. 2d 1329 (Fla. 4th DCA 1978) this court indicated that
“. . . the speedy trial time does not begin to run in favor of an individual who is incarcerated in another jurisdiction and against whom a detainer has been lodged until the authority which filed the detainer obtains custody of the individual.
See, also Eaddy v. State, 352 So. 2d 98 (Fla. 4th DCA 1977), State v. Bassham, 352 So. 2d 55 (Fla.1977) and Cameron v. State, 376 So. 2d 248 (Fla. 5th DCA 1979).
Accordingly the suggestion for writ of prohibition is denied.
DOWNEY, C. J., and HERSEY and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morris v. Nimmons, 414 So. 2d 568 (Fla. 1st DCA 1982)…, a person is taken into custody, (i) when the person is arrested as a result of the conduct or criminal episode which gave rise to the crime charged .... I think there is a material distinction between this case and State ex rel. Aver a v. Harper, 379 So. 2d 1299 (Fla.App.1980) because in this case the petitioner was arrested on the Duval charges as well as the Nassau charges and in Averra the defendant was arrested only on the 'St. Lucie County charges and merely informed of the outstanding Palm Beach Count…1 / 2
Authorities Cited
- State v. Bassham, 352 So. 2d 55 (Fla. 1977)
- State v. Camper, 356 So. 2d 1329 (Fla. 4th DCA 1978)
- Westinghouse Credit Corp. v. Steven Lake Masonry, Inc., 356 So. 2d 1329 (Fla. 4th DCA 1978)
- Eaddy v. State, 352 So. 2d 98 (Fla. 4th DCA 1977)
- Cameron v. State, 376 So. 2d 248 (Fla. 5th DCA 1979)