JAMES DONALD WOODS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Woods appeals the denial of his motion to discharge based on violation of Florida's speedy trial rule. The trial court denied the motion, finding Woods unavailable for trial because he was incarcerated in Polk County jail on unrelated misdemeanor charges. The appellate court reversed, holding that the Polk County sheriff had a duty to monitor Woods's court obligations and produce him for trial, making him continuously available despite his incarceration.
Woods was not 'unavailable for trial' because the Polk County sheriff had an affirmative duty to monitor Woods's court obligations and produce him at the required time and place. The sheriff's failure to do so means Woods was 'continuously available for trial,' and his motion for discharge should have been granted.
[1] A defendant is not considered "unavailable for trial" under the speedy trial rule when authorities in the county where a motion for discharge is filed have knowledge that…
[2] A sheriff has constructive knowledge of a prisoner's court appearances within the same county, even if at a branch office of the court.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“when the authorities in the county where a defendant has filed a motion for discharge have knowledge that the defendant is being held in another county, the speedy trial time continues to run and the defendant is not considered 'unavailable for trial' under Florida Rule of Criminal Procedure 3.191(e).”
Establishes the foundational rule distinguishing between defendants in other counties versus same county
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWoods was arrested for armed robbery (felony) on December 23, 1984, and released on his own recognizance. He was arrested again on unrelated misdemean…
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RYDER, Acting Chief Judge.
Appellant appeals the trial court’s denial of his motion to discharge which was based on the speedy trial rule. Fla.R.Crim.P. 3.191. Appellant was arrested in Polk County for armed robbery (a felony charge) on December 23, 1984. He was released on his own recognizance and arrested again in Polk County on unrelated misdemeanor charges on March 14, 1985.
Arraignment for the felony charge was scheduled for April 1, 1985. Appellant failed to appear at the April 1 felony arraignment because he was in the Polk County jail on the unrelated misdemeanor charges. He was released from the Polk County jail on July 10, 1985 and filed a motion to discharge as to the felony charge on July 12, 1985 (201 days after he was arrested for that charge).
On August 26,1985, the trial court held a hearing on the motion,1 and summarily denied the motion at a pretrial conference on September 9, 1985. Appellant was tried by jury and found guilty of armed robbery as charged. We reverse.
The state argues that appellant was “unavailable for trial” under the speedy trial rule, therefore, the trial court’s denial of the motion was proper. The case law in this area developed by this court dictates otherwise. In Robbins v. State, 453 So. 2d 877 (Fla. 2d DCA 1984), a similar factual situation, we held that when the authorities in the county where a defendant has filed a motion for discharge have knowledge that the defendant is being held in another county, the speedy trial time continues to run and the defendant is not considered “unavailable for trial” under Florida Rule of Criminal Procedure 3.191(e). In a later case, we determined that there is “[n]o basis ... for imputing constructive knowledge” of a defendant’s whereabouts when the evidence indicates that the authorities had no knowledge that the defendant was incarcerated in another county. State v. Rasul, 468 So. 2d 1088, 1089 (Fla. 2d DCA 1985). In Rasul, the trial court had ordered the defendant discharged and we reversed. Next, we considered a situation where the defendant had been transferred out of the county jail to a state correctional institution with the county sheriff’s knowledge. Tirado v. Reese, 478 So. 2d 883 (Fla. 2d DCA 1985). We held that Tirado’s absence “was brought about solely by the consent of one governmental custodian at the request of another,” and we imposed upon the sheriff, “as executive officer of the circuit court,” an affirmative duty to “monitor the courtroom obligations of his charges” and to “notify the appropriate local authorities of ... transfer[s].” Id. at 884-85.
Most recently, and with facts most closely paralleling the facts in the case sub judice, we held that a sheriff is considered to have constructive knowledge of his charges same county” court appearances, even if that appearance is at a branch office of the court. Barron v. State, 509 So. 2d 1158, 1160 (Fla. 2d DCA 1987). In the instant case, the sheriff of Polk County had the duty to monitor appellant’s (his prisoner’s) Polk County Court obligations. Appellant’s absence at the April 1 arraignment was due to the sheriff’s failure to so monitor and produce the body at the required time and place. Therefore, appellant was “continuously available for trial” and his motion for discharge should have been granted.
We reverse and set aside appellant’s conviction and sentence and reverse the trial court’s order denying appellant’s motion for discharge. We remand the case with instructions that appellant be discharged for the crime charged in this case.
Reversed and remanded with instructions.
SCHOONOVER and LEHAN, JJ., concur. . Although not determinative of our outcome in this case, we note that the lapse of forty-five days between the filing of the motion and the hearing on the motion does not comply with the requirements of Florida Rule of Criminal Procedure 3.191(i)(4).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 573 So. 2d 185 (Fla. 1st DCA 1991)…ther county when so advised. Walker v. State, 492 So. 2d 772 (Fla. 1st DCA 1986); State v. Rasul. If the defendant is in custody in the same county on other charges the state is charged with constructive knowledge of his whereabouts. Woods v. State, 514 So. 2d 1145 (Fla. 2d DCA 1987); Barron v. State, 509 So. 2d 1158 (Fla.1987). In the instant case the state clearly knew of Jones’ whereabouts. When a defendant is incarcerated within the jurisdiction of the State of Florida, the state bears the burden of produ…
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State v. Alen, 523 So. 2d 808 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed. See Woods v. State, 514 So. 2d 1145 (Fla. 2d DCA 1987); Barron v. State, 509 So. 2d 1158 (Fla. 2d DCA 1987).…
Authorities Cited
- Robbins v. State, 453 So. 2d 877 (Fla. 2d DCA 1984)
- State v. Natal Rasul, 468 So. 2d 1088 (Fla. 2d DCA 1985)
- Tirado v. Reese, 478 So. 2d 883 (Fla. 2d DCA 1985)
- Henry v. Barron and Todd C. Spitzer, 509 So. 2d 1158 (Fla. 2d DCA 1987)