JOHNNIE WIGGINS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ROBERT P. SMITH, Jr., Judge.
On this appeal from appellant’s conviction on two counts of uttering a forged instrument, appellant claims he should be discharged because he was not brought to trial within the period prescribed by the speedy trial rule, Fla.R.Crim.P. 3.191. We agree. The State’s contention is that the period of the rule did not begin to run until August 25, 1978, when appellant was formally arrested on the charges of which he is now convicted. We find, on the contrary, that the period began to run on August 4, 1978, when appellant was taken into custody as a suspect on these and related charges, was advised of his constitutional rights, and was interrogated. Appellant then confessed to these and related charges. Appellant was then in custody on all those charges, though he was then formally arrested on only one of them, which subsequently was dismissed. See State v. N. B., 360 So. 2d 162 (Fla. 1st DCA 1978), cert. dismissed, 365 So. 2d 713 (Fla.1978); Deloach v. State, 338 So. 2d 1141 (Fla. 1st DCA 1976).
The convictions are REVERSED and appellant is DISCHARGED.
ERVIN and WENTWORTH, JJ., concur.
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Thomas v. State, 405 So. 2d 1015 (Fla. 1st DCA 1981)…hen he was questioned while being held on completely unrelated charges. The time began to run when he was arrested September 2, 1980, and therefore he was brought to trial within the time period prescribed in the speedy trial rule. Wiggins v. State, 384 So. 2d 43 (Fla. 1st DCA 1980), and State v. N. B., 360 So. 2d 162 (Fla. 1st DCA 1978), cert. denied, 383 So. 2d 1199 (Fla.1980), on which appellant relies, are distinguishable. We affirm on the first point. See State v. Stanley, 399 So. 2d 371 (Fla. 3d DCA 19…
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Wright v. State, 387 So. 2d 1060 (Fla. 5th DCA 1980)…at Wright was evading arrest in any way.5 The conviction is reversed and the defendant is discharged. REVERSED. DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur. . Fla.R.Crim.P. 3.191(a)(1). . Fla.R.Crim.P. 3.191(a)(1). Wiggins v. State, 384 So. 2d 43 (Fla. 1st DCA 1980). . State v. Boren, 273 So. 2d 415 (Fla. 3d DCA 1973); Bryant v. Blount, 261 So. 2d 847 (Fla. 1st DCA 1972), cert. denied, 267 So. 2d 82 (Fla.1972). . State ex rel. Kennedy v. McCauley, 265 So. 2d 547 (Fla. 4th DCA 1972). . See…
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State v. Miller, 437 So. 2d 734 (Fla. 1st DCA 1983)…92 So. 2d 1004 (Fla. 4th DCA 1981). The trial court felt, however, that the decision it reached was mandated by the decisions of this court in Johnson v. State, 409 So. 2d 152 (Fla. 1st DCA), rev. denied, 417 So. 2d 331 (Fla.1982); Wiggins v. State, 384 So. 2d 43 (Fla. 1st DCA 1980); and State v. N.B., 360 So. 2d 162 (Fla. 1st DCA 1978), cert. denied, 383 So. 2d 1199 (Fla.1980). The cases of Johnson and Wiggins are not closely analogous to the case at bar. Both Johnson and Wiggins involved situations where…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Deloach v. State, 338 So. 2d 1141 (Fla. 1st DCA 1976)
- Landahl v. Smith, 360 So. 2d 162 (Fla. 2d DCA 1978)
- State v. N. B., 360 So. 2d 162 (Fla. 1st DCA 1978)