ROBERT DEAN EDWARDS, PETITIONER,
v.
HONORABLE DIANA M. ALLEN, JUDGE OF THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA, RESPONDENT

Fla. 2d DCA | 1992-05-13
No. 91-03802
RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.
603 So. 2d 514 Florida District Court of Appeal, Second District (1992) Caution
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Robert Dean Edwards sought a writ of prohibition to prevent the trial court from proceeding with robbery charges, arguing his speedy trial rights were violated because the charging county knew he was incarcerated in another county when it filed the information. The court held that speedy trial time does not commence until a defendant is arrested as a result of the conduct giving rise to the charge, not when a detainer warrant is issued or an information is filed.


Holding

Speedy trial time does not begin to run upon the filing of an information or the issuance of a detainer warrant. Instead, it commences only when the defendant is arrested as a result of the conduct giving rise to the crime charged, which occurred here when Edwards was transported to Hillsborough County jail on August 24, 1991. Therefore, the trial court properly denied the motion for discharge as premature.


Headnotes

[1] The 180-day speedy trial period under Florida Rule of Criminal Procedure 3.191(a)(1) commences when a person is taken into custody as a result of the conduct or criminal…

[2] A detainer lodged against a person in custody for unrelated charges does not, by itself, place that person in custody as a result of the conduct giving rise to the detain…

Previewing 2 of 3 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

Key Quotes

“Rule 3.191(a)(4) provides that a person is taken into custody "when the person is arrested as a result of the conduct or criminal episode which gave rise to the crime charged."”

Establishes the definition of when custody commences for speedy trial purposes

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The State Attorney filed an information on March 6, 1991, charging Edwards with robbery while he was incarcerated in Pasco County jail for other charg…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, Robert Dean Edwards, seeks the issuance of a writ of prohibition to prevent the trial court from proceeding against him. He claims the trial court improperly denied his motion for discharge filed pursuant to Florida Rule of Criminal Procedure 3.191(d)(1).

The State Attorney of Hillsborough County filed an information on March 6, 1991, charging petitioner with the robbery of a convenience store in Hillsborough County. On March 6, the petitioner was in custody for other charges in the Pasco County jail. He had been in custody in Pasco County since at least February 19, 1991, the day a detainer warrant was issued on the Hillsborough County robbery. While the petitioner was in custody in Pas-co County, he was informed of both the detainer warrant and the information regarding the Hillsborough County charge.

On August 24, 1991, the petitioner was transported to Hillsborough County to face the pending robbery charge. On August 29, 1991, which was 176 days after the information was filed, the petitioner filed a pro se motion for discharge. An attorney was appointed for the petitioner the day before the hearing on the motion for discharge. On the day of his appointment, the attorney filed a supplemental memorandum in which he wholly incorporated the facts set forth in the petitioner’s pro se motion.

The trial court conducted a hearing on the motion for discharge within five days of the filing of the motion. The trial court denied the motion as premature for the reason that the petitioner was not “arrested” for speedy trial purposes until the day he was transported to Hillsborough County jail. The petitioner alleges that Hillsbor-ough County knew that he was in custody in Pasco County since at least the filing of the information. The respondent does not contest this allegation.

The petitioner argues that in a situation such as this, where the charging county knows that a defendant is incarcerated in another county, the defendant is not unavailable for purposes of speedy trial. See Jones v. State, 573 So. 2d 185 (Fla. 1st DCA 1991); Tirado v. Reese, 478 So. 2d 883 (Fla. 2d DCA 1985); Robbins v. State, 453 So. 2d 877 (Fla. 2d DCA 1984). He argues that speedy trial began to run on the date the information was filed because the charging county knew of his incarceration in another county. The facts of the cases cited by the petitioner, however, are distinguishable. In all of those cases, the defendant had been arrested for the conduct giving rise to the charge.

This case is governed by rule 3.191(a)(1), speedy trial without demand. That rule provides that the time period for speedy trial commences when the defendant “is taken into custody as defined under section (a)(4).” Rule 3.191(a)(4) provides that a person is taken into custody “when the person is arrested as a result of the conduct or criminal episode which gave rise to the crime charged.” For purposes of speedy trial without demand, the time does not begin to run when a detainer warrant is issued from the charging county to place a hold on a prisoner incarcerated in another county. See State v. Bassham, 352 So. 2d 55 (Fla.1977); Cheeks v. Swanson, 541 So. 2d 1346 (Fla. 2d DCA 1989). In other words, the issuance of the detainer warrant on the Hillsborough County charge did not constitute an “arrest” under subsection (a)(4). We further hold that the filing of the information did not constitute an “arrest” on the Hillsborough County charge. Thus, we agree with the trial court that the petitioner’s motion for discharge was premature.

The petition for writ of prohibition is denied.

RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001)
    …e placement of a detainer.1 We have distinguished between the lodging of a detainer and an arrest for the purpose of triggering the running of speedy trial time. See State v. Fives, 409 So. 2d 221, 221 (Fla. 4th DCA 1982); see also Edwards v. Allen, 603 So. 2d 514, 515-16 (Fla. 2d DCA 1992). A similar distinction holds for the purpose of applying section 921.161(1). The fifth district has held that for the purpose of measuring mandatory jail time credit, “the filing of a detainer does not have the same resul…
  • Barstad v. State, 925 So. 2d 1135 (Fla. 5th DCA 2006)
    …filed his demand for speedy trial after a detain-er was “placed against” him. However, the lodging of a detainer does not trigger running of the “speedy trial” time limitations set forth in Florida Rulé of Criminal Procedure 3.191. Edwards v. Allen, 603 So. 2d 514 (Fla. 2d DCA), review denied, 613 So. 2d 3 (Fla.1992).…
  • Tedrick Donaldson v. State, 957 So. 2d 110 (Fla. 4th DCA 2007)
    …without demand time limitation in early 2007. Fla. R.Crim. P. 3.191(a). He then filed a motion for discharge. Petitioner is not entitled to application of the speedy trial without demand time limitation under these circumstances. Edwards v. Allen, 603 So. 2d 514 (Fla. 2d DCA), review denied, 613 So. 2d 3 (Fla.1992). Neither the detainer, nor the filing of the information, constitute an arrest for purposes of rule 3.191(a). Id. To the extent the petition alleges entitlement to re [*111] lief on this basis, i…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw