DANIEL ANTHONY WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The judgment of conviction and sentence under review is affirmed upon a holding that: (a) the defendant in this case was “taken into custody” for speedy trial purposes under Fla.R.Crim.P. 3.191(a)(1) when he was arrested by the FBI on March 8, 1978 in New York and thereafter formally charged by information, (b) the defendant was not “taken into custody” under the above speedy trial rule when he was detained, questioned and released by the Dade County Public Safety Department on December 31, 1977, as he was never formally arrested and charged at that time, and (c) the trial court properly denied the defendant’s motion to discharge based on the speedy trial rule as more than 180 days had not elapsed under Fla.R.Crim.P. 3.191(a)(1) between the time the defendant was “taken into custody” in this cause and the time the motion for discharge was filed. State v. Robbins, 359 So. 2d 39 (Fla. 2d DCA 1978).
State ex rel. Dean v. Booth, 349 So. 2d 806 (Fla. 2d DCA 1977) cert. denied 358 So. 2d 129 (Fla.1978); Snead v. State, 346 So. 2d 546 (Fla. 1st DCA 1976) cert. denied 348 So. 2d 953 (Fla.1977); compare: State v. N.B., 360 So. 2d 162 (Fla. 1st DCA 1978); Deloach v. State, 338 So. 2d 1141 (Fla. 1st DCA 1976).
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State v. D. B. C., 413 So. 2d 455 (Fla. 5th DCA 1982)…lication of Florida Rule of Criminal Procedure 3.191(a)(1). A short protective or investigative custody is often advisable where a person is a suspect but the police do not believe they have enough evidence to arrest him. See also Williams v. State, 382 So. 2d 847 (Fla.3d DCA 1980); Snead v. State, 346 So. 2d 546 (Fla. 1st DCA 1976), cert. denied, 348 So. 2d 953 (Fla.1977). In the instant case, the evidence does not support a finding that appellee was “taken into custody” in October, 1980, for speedy trial p…
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Covello v. State, 455 So. 2d 1321 (Fla. 3d DCA 1984)…not taken into custody within the meaning of the rule. Florida courts, addressing the issue of custody and speedy trial considerations, have uniformly held that a defendant is not in custody until he has been formally arrested, Williams v. State, 382 So. 2d 847 (Fla. 3d DCA 1980); State v. Robbins, 359 So. 2d 39 (Fla. 2d DCA 1978), or held for “something more than an investigatory detention,” State v. Christian, 442 So. 2d 988 (Fla. 2d DCA 1983), citing Snead, v. State, 346 So. 2d 546 (Fla. 1st DCA 1976),…
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D. L. M. v. State, 397 So. 2d 439 (Fla. 3d DCA 1981)…lice officers on May 2,1979 would not constitute “taking into custody”, within the meaning of the rule, and that the appellant was not “taken into custody” until May 31, 1979. See: State v. Booth, 349 So. 2d 806 (Fla.2d DCA 1977); Williams v. State, 382 So. 2d 847 (Fla.3d DCA 1980). Thus, the trial court was correct in denying the motion for discharge and should be affirmed. Affirmed.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Wayne P. Dean, Jr. v. The Honorable John W. Booth, 349 So. 2d 806 (Fla. 2d DCA 1977)
- Snead v. State, 346 So. 2d 546 (Fla. 1st DCA 1976)
- Deloach v. State, 338 So. 2d 1141 (Fla. 1st DCA 1976)
- State v. Robbins, 359 So. 2d 39 (Fla. 2d DCA 1978)
- Landahl v. Smith, 360 So. 2d 162 (Fla. 2d DCA 1978)
- State v. N. B., 360 So. 2d 162 (Fla. 1st DCA 1978)