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Shumate v. State

District Court of Appeal of Florida, Fifth District
Apr 26, 1984
449 So. 2d 387 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-975.

April 26, 1984.

Appeal from the Circuit Court, St. Johns County, Richard O. Watson, J.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark Menser, Asst. Atty. Gen., Daytona Beach, for appellee.


The Florida Interstate Agreement on Detainers Act (§§ 941.45-50, Fla. Stat.) does not require that charges pending in Florida against a prisoner in a foreign state be dismissed for failure of the foreign prison officials to promptly notify the prisoner as to a Florida detainer or to assist him in delivering to the Florida state attorney and Florida court notice of his place of confinement and his request for trial under section 941.45(3)(a), Florida Statutes (1981). See Coit v. State, 440 So.2d 409 (Fla. 1st DCA 1983).

Appellant was not denied his state or constitutional rights to a speedy trial. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).

AFFIRMED.

DAUKSCH, SHARP and COWART, JJ., concur.


Summaries of

Shumate v. State

District Court of Appeal of Florida, Fifth District
Apr 26, 1984
449 So. 2d 387 (Fla. Dist. Ct. App. 1984)
Case details for

Shumate v. State

Case Details

Full title:FRANKLIN SHUMATE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 26, 1984

Citations

449 So. 2d 387 (Fla. Dist. Ct. App. 1984)