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State v. Sutton

District Court of Appeal of Florida, Second District
Nov 15, 1972
269 So. 2d 712 (Fla. Dist. Ct. App. 1972)

Summary

In State v. Sutton, 269 So.2d 712 (Fla.App. 1972), the Second District Court of Appeals held that the 180 day period begins to run from the time the detainer is filed.

Summary of this case from Davis v. Wainwright

Opinion

No. 72-439.

November 15, 1972.

Appeal from the Circuit Court, Hendry County, Charles T. Carlton, J.

Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellant.

Walter R. Talley, Public Defender, and Edwin T. Mulock, Asst. Public Defender, Bradenton, for appellee.


A warrant was issued in Hendry County on October 19, 1971. Sutton was taken into custody on that date in Polk County, on an independent charge. Hendry County's officers knew where Sutton was and lodged a detainer. Upon failure of the State to bring Sutton to trial within 180 days he moved for discharge under the speedy trial rule, CrPR 3.191, 33 F.S.A. The trial judge properly granted discharge. The State's argument that the time began to run from the time the warrant was formally served on Sutton is without merit. He was in custody on these as well as other charges. There is no showing of non-availability under CrPR 3.191(e). He could have been tried within the time allowed by the rule. The State cannot enlarge the time merely by delaying deliberately the formal service of the warrant.

Affirmed.

PIERCE, C.J., and LILES, J., concur.


Summaries of

State v. Sutton

District Court of Appeal of Florida, Second District
Nov 15, 1972
269 So. 2d 712 (Fla. Dist. Ct. App. 1972)

In State v. Sutton, 269 So.2d 712 (Fla.App. 1972), the Second District Court of Appeals held that the 180 day period begins to run from the time the detainer is filed.

Summary of this case from Davis v. Wainwright

In State v. Sutton, 269 So.2d 712 (Fla.2d DCA 1973), and Hargrove v. State, 281 So.2d 390 (Fla.2d DCA 1973), the Second District Court of Appeal held that the time for bringing an accused to trial under the Rule begins to run from the date a detainer is filed.

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

State v. Sutton

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. WAYNE ROYCE SUTTON, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 15, 1972

Citations

269 So. 2d 712 (Fla. Dist. Ct. App. 1972)

Citing Cases

Eaddy v. State

At the present time the answer to that question appears to be in conflict. In State v. Sutton, 269 So.2d 712…

Stevenson v. State

We agree that the lodging of the detainer is the appropriate point from which to measure the speed of the…