FRANK JAMES SMITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the defendant's motion for a speedy trial was deficient and denied it without prejudice.
[1] A prisoner held in custody by one sovereign, who is also accused of a crime in another jurisdiction and has a detainer lodged against them, has a constitutional right to…
[2] A petition for a writ of habeas corpus ad prosequendum seeking a speedy trial must name the prosecuting officer of the court where the charge is pending as the respondent…
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Join FLexlaw to unlock all legal intelligenceFrank James Smith, incarcerated in Texas, filed a motion labeled 'Motion for Speedy Trial' seeking a writ of habeas corpus ad prosequendum to be retur…
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Frank James Smith has filed an instrument in this court labeled “Motion for Speedy Trial,” stating therein that he is applying to this court “ . . . for a writ *788of Habeas Corpus ad Prosequendum for the immediate acquisition and return of defendant to Leon County State of Florida for the trial upon the alleged charges contained in the warrants filed against defendant in the State of Florida, the defendant shows this honorable court that the defendant has been in custody of this state of Texas since the 3rd day of July, 1972, and in the confines of the Federal Correctional Institution, Texarkana, Texas.”
In Dickey v. Circuit Court, Gadsden County, Quincy, Florida, 200 So.2d 521 (Fla.1967), the Florida Supreme Court held: “ . . . that one who is held in custody by another sovereign and who is also accused of a crime in this state, as a result of which a detainer warrant has been lodged against the accused, has the constitutional right to demand that Florida initiate the procedure available to it to secure the return of the accused here for a speedy trial.” The court further warned in Dickey that the petition must name as respondent the prosecuting officer of the court in which the charge requested to be tried is pending; state by which sovereign he is held and where, the term or terms to be. served in the holding sovereign’s prison and the tentative expiration date of those terms; state the nature of the charge pending against him in Florida, the county and court in which pending, the date filed, and the fact that a detainer warrant has been filed against him in the place where he is held. Other salient allegations as to a demand for a speedy trial are set out in the cited opinion.
The subject instrument filed by Frank James Smith is deficient in many respects. The subject “Motion for Speedy Trial” is denied without prejudice to Frank James Smith’s right to reassert his demands by a proper petition naming the proper prosecuting official as respondent.
SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.
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Citator
Cited By
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Adams v. Louie L. Wainwright, 512 So. 2d 1077 (Fla. 1st DCA 1987)…e rules. Consequently, we reverse the trial court’s dismissal of this issue with prejudice. Upon remand, the court may permit appellant to amend his petition to name the proper respondent, or appellant may file a corrected petition. Smith v. State, 273 So. 2d 787, 788 (Fla. 1st DCA 1972); Dickey v. Circuit Court, Gadsden County, Quincy, Florida, 200 So. 2d 521, 529 (Fla.1967); City of Eau Gallie v. State, 125 Fla. 277, 169 So. 730, 731 (1936). REVERSED and REMANDED for further proceedings in accordance with…
Authorities Cited
- Dickey v. Cir. Court, 200 So. 2d 521 (Fla. 1967)