State v. Miller

SHIVERS, Judge.

The State appeals the order of the trial court granting Miller’s motion for discharge under the speedy trial rule, Fla.R.Crim.P. 3.191. Appellant argues that the speedy trial time period did not begin to run merely because appellee, who was already in custody due to an unrelated offense, was given Miranda warnings and questioned about the alleged crime. We agree, reverse and remand.

Miller was arrested during a burglary in process at the home of Mrs. Odham on March 25, 1983. A search of appellee’s vehicle on March 31, 1983, uncovered several articles of jewelry. Subsequent…