Opinion
No. 56118.
October 11, 1979.
Appeal from the Circuit Court, Dade County, Wilkey D. Ferguson, Jr., J.
Jim Smith, Atty. Gen., Janet Reno, State's Atty. and Howard K. Blumberg and Stephen V. Rosin, Asst. State Attys., Miami, for petitioner.
William R. Tunkey and Alan S. Ross of Weiner, Robbins, Tunkey Ross, and Joel D. Robrish of Robrish, Major Logan, Miami, for respondents.
This case involves an interpretation of our speedy trial rule, Fla.R.Crim.P. 3.191. For the reasons expressed in the dissenting opinion of Judge Kehoe, we reverse the decision of the Third District Court of Appeal, as reported at 369 So.2d 610 (Fla. 3d DCA 1979), and hold that rule 3.191 requires that a defendant be taken into state custody in order to start the speedy trial times expressed in the rule.
ENGLAND, C.J., and ADKINS, BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur.