Harley v. State

District Court of Appeal of Florida

Harley v. State

399 So. 2d 1107, 1981 Fla. App. LEXIS 20366

CourtDistrict Court of Appeal of Florida

DecidedJune 24, 1981

DocketNos. 80-1128, 80-1151

StatusPublished

This text of 399 So. 2d 1107 (Harley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harley v. State, 399 So. 2d 1107, 1981 Fla. App. LEXIS 20366 (Fla. Ct. App. 1981).

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Opinion

ORFINGER, Judge.

The trial court correctly denied appellant’s motion for discharge on speedy trial grounds, so we affirm. Appellant was charged with escape. There is a question as to the date of his apprehension, but even if we accept his view, speedy trial time had not run. Since appellant was a prisoner when he escaped, Florida Rule of Criminal Procedure 3.191(b)(1) applies, Travis v. State, 364 So.2d 870, 871 (Fla. 1st DCA 1978), and trial must commence within one year from the date of his recapture or within 180 days of his demand for speedy trial. Neither period had run at the time appellant entered his plea.

AFFIRMED.

FRANK D. UPCHURCH and SHARP, JJ., concur.

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ORFINGER, Judge.

The trial court correctly denied appellant’s motion for discharge on speedy trial grounds, so we affirm. Appellant was charged with escape. There is a question as to the date of his apprehension, but even if we accept his view, speedy trial time had not run. Since appellant was a prisoner when he escaped, Florida Rule of Criminal Procedure 3.191(b)(1) applies, Travis v. State, 364 So.2d 870, 871 (Fla. 1st DCA 1978), and trial must commence within one year from the date of his recapture or within 180 days of his demand for speedy trial. Neither period had run at the time appellant entered his plea.

AFFIRMED.

FRANK D. UPCHURCH and SHARP, JJ., concur.

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399 So. 2d 1107, 1981 Fla. App. LEXIS 20366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harley-v-state-fladistctapp-1981.

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