[DOWNLOAD] "Luther Parker v. State Florida" by First District Court of Appeal of Florida * eBook PDF Kindle ePub Free
eBook details
- Title: Luther Parker v. State Florida
- Author : First District Court of Appeal of Florida
- Release Date : January 09, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellant appeals two convictions for strong-arm robbery, one entered after jury trial and the other pursuant to a plea of
nolo contendere. We affirm in part, reverse in part and remand. Appellant first asserts that the trial court erred in denying his motion to dismiss on the ground that his right to a speedy
trial under the Interstate Agreement on Detainers, section 941.45, Florida Statutes, was violated. The record shows that,
although appellant did demand speedy trial pursuant to the statute, contrary to the requirement of section 941.45(3), Florida
Statutes, the appropriate Florida prosecuting officer did not receive any notice of his demand for several months due to a
failure on the part of the prison officials in the state of Pennsylvania, where appellant was incarcerated at the time. Since
the lack of notice was not due to any action or inaction on the part of Florida officials, the state of Florida was not precluded
from proceeding against appellant. See Welch v. State, 528 So.2d 1236 (Fla. 1st DCA 1988), Coit v. State, 440 So.2d 409 (Fla.
1st DCA 1983), and Williams v. State, 426 So.2d 1121 (Fla. 1st DCA 1983). Therefore, we find no error on this issue. Consequently,
we also reject appellant's additional argument that he was forced to waive his right to effective assistance of counsel in
order to preserve his right to a speedy trial.