Naugle v. State

CAMPBELL, Judge.

This appeal raises the issue of whether Florida Rule of Criminal Procedure 3.191(b)(1) applies to fugitives who are being held in another jurisdiction solely on the basis of charges pending in this state. In Hawkins v. State, 451 So.2d 903 (Fla. 1st DCA 1984), our colleagues of the first district held that the aforesaid rule does so apply. In State v. Bivona, 460 So.2d 469 (Fla. 4th DCA 1985), our colleagues of the fourth district rejected Hawkins and held that the rule does not so apply. We feel the better construction is that adopted in Hawkins and, therefore, hold that Rule…