State v. Davis

Full title: STATE OF FLORIDA, APPELLANT, v. RANSEL DAVIS, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 14, 1984

458 So. 2d 868 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2485.

November 14, 1984.

Appeal from the Circuit Court for Palm Beach County, John E. Born, J.

Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

We reverse the order discharging Ransel Davis from criminal prosecution because of a speedy trial violation upon authority of Florida Rules of Criminal Procedure 3.191 and Giglio v. Kaplan, 392 So.2d 1004 (Fla. 4th DCA 1981), State v. Breedlove, 400 So.2d 468 (Fla. 4th DCA), pet. for rev. den., 402 So.2d 608 (Fla. 1981).

We further point out that placing a detainer on a defendant who is in custody in another jurisdiction based on unrelated charges does not trigger the running of the speedy trial rule. Perkins v. State, 457 So.2d 1053 (Fla. 1st DCA 1984), State v. Lazarus, 433 So.2d 1314 (Fla. 2d DCA 1983), and Gaskins v. State, 415 So.2d 132 (Fla. 5th DCA 1982).

Reversed.

DOWNEY, LETTS and WALDEN, JJ., concur.