Clemons v. State

Appellant challenges the trial court’s denial of his motion for speedy trial discharge. We affirm the denial because there was sufficient evidence from which the trial court could conclude that appellant was not “in custody” for purposes of the speedy trial rule until his arrest for the underlying charges on July 23, 1985. See Fla.R.Crim.P. 3.191(a)(4); State v. Christian, 442 So.2d 988 (Fla. 2d DCA 1983). Accordingly, appellant’s November 19, 1985, motion for discharge was premature.

Appellant, a juvenile at the time he committed the offenses, also contends the trial court erred in sentencing…