From Casetext: Smarter Legal Research

Burgess v. State

District Court of Appeal of Florida, Second District
Nov 16, 2005
913 So. 2d 1253 (Fla. Dist. Ct. App. 2005)

Summary

affirming the trial court's dismissal of the motion to compel speedy disposition of VOP detainer

Summary of this case from McIntosh v. State

Opinion

No. 2D05-4133.

November 16, 2005.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Vivian C. Maye, Judge.


David Burgess appeals the dismissal of his motion for "speedy resolution of a detainer." Mr. Burgess is currently in prison for an offense committed in Pinellas County. A detainer has been placed on him because of a pending affidavit of violation of probation in this Hillsborough County case. We affirm the dismissal order because there is no mechanism by which Mr. Burgess can force the circuit court in Hillsborough County to dispose of the violation of probation while he is in prison on other charges. See Saunders v. State, 837 So.2d 433 (Fla. 2d DCA 2002). We note, however, that the record suggests that Mr. Burgess's term of probation in the case may have expired before the arrest warrant for the violation was issued. See Sepulveda v. State, 909 So.2d 568, 570 (Fla. 2d DCA 2005); Baroulette v. McCray, 904 So.2d 575, 576 (Fla. 3d DCA 2005).

Affirmed.

ALTENBERND, CASANUEVA and SILBERMAN, JJ., Concur.


Summaries of

Burgess v. State

District Court of Appeal of Florida, Second District
Nov 16, 2005
913 So. 2d 1253 (Fla. Dist. Ct. App. 2005)

affirming the trial court's dismissal of the motion to compel speedy disposition of VOP detainer

Summary of this case from McIntosh v. State
Case details for

Burgess v. State

Case Details

Full title:David BURGESS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 16, 2005

Citations

913 So. 2d 1253 (Fla. Dist. Ct. App. 2005)

Citing Cases

Susick v. State

There is no mechanism by which Susick can force the circuit court to dispose of the violation of probation…

McIntosh v. State

We deny the petition for writ of prohibition. See Saunders v. State, 837 So.2d 433 (Fla. 2d DCA 2002)…