Narrative Opinion Summary
Appellant Robert P. Smith, Jr. was convicted on two counts of uttering a forged instrument and appealed, claiming a violation of his right to a speedy trial under Fla.R.Crim. P. 3.191. The court found in favor of the appellant, determining that the trial period began on August 4, 1978, when he was taken into custody as a suspect and confessed to the charges, rather than on the later date of August 25, 1978, when he was formally arrested. The court noted that although he was arrested on one charge, he was in custody for all related charges. The previous conviction was reversed, and the appellant was discharged. Judges Ervin and Wentworth concurred with the decision.
Legal Issues Addressed
Custody for Multiple Chargessubscribe to see similar legal issues
Application: The court recognized that being in custody for one charge encompasses custody for all related charges.
Reasoning: The court noted that although he was arrested on one charge, he was in custody for all related charges.
Reversal of Convictionsubscribe to see similar legal issues
Application: Based on the violation of the right to a speedy trial, the appellant's previous conviction was reversed and he was discharged.
Reasoning: The previous conviction was reversed, and the appellant was discharged.
Right to Speedy Trial under Florida Rule of Criminal Procedure 3.191subscribe to see similar legal issues
Application: The court determined that the speedy trial period commenced when the appellant was taken into custody and confessed, rather than the date of formal arrest.
Reasoning: The court found in favor of the appellant, determining that the trial period began on August 4, 1978, when he was taken into custody as a suspect and confessed to the charges, rather than on the later date of August 25, 1978, when he was formally arrested.