Legal Opinion
State v. Lewis
District Court of Appeal of Florida
Decided August 23, 1977No. 76-2712PublishedCited by 2 opinions
1Opinion of the Court
ANSTEAD, Judge.
This is an appeal from an order discharging the appellee, Oscar Lewis, under the provisions of the speedy trial rule. The issue is whether Lewis was a “prisoner in Florida” under Rule 3.191(b)(1) of the Florida Rules of Criminal Procedure thereby enlarging the time in which he could be brought to trial from 180 days to one year. We hold that he was and should not have been discharged.
Lewis was arrested for robbery on November 18, 1975 but released on December 11, 1975 because the State failed to file formal charges. Thereafter, he was sentenced to prison for five years on an…
2Cases cited8 opinions
- United States v. EwellSupreme Court of the United States · 1966
- Beavers v. HaubertSupreme Court of the United States · 1905
- Singletary v. StateSupreme Court of Florida · 1975
- State v. LottSupreme Court of Florida · 1973
- Richardson v. StateDistrict Court of Appeal of Florida · 1976
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3Cited by2 opinions
- Lewis v. StateSupreme Court of Florida · 1978
- Cradduck v. StateDistrict Court of Appeal of Florida · 1977