Devine v. State

NORTHCUTT, Judge.

Brian Devine appeals his burglary conviction and argues that the charge should have been dismissed pursuant to the Interstate Agreement on Detainers (IAD), chapter 941, part II, Florida Statutes (2009). We agree and reverse.

In 2004, the state attorney in Collier County charged Devine with burglary of an unoccupied dwelling. Not long after the charge was filed, Devine failed to appear in court. He resurfaced in 2009 while serving a prison sentence in Ohio.

In May 2009, Devine attempted to invoke his rights under the IAD by filing a *172pro se notice that he was available for…