Wiggins v. State

Johnnie WIGGINS, Jr. v. STATE of Florida

Wiggins v. State, 384 So. 2d 43 (Fla. Dist. Ct. App. 1980)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: May 23, 1980
Docket: No. NN-382
Judges: Ervin, Smith, Wentworth
Citations: 384 So. 2d 431980 Fla. App. LEXIS 16862

Cited by 4

Opinion of the Court — Smith

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ROBERT P. SMITH, Jr., Judge.

On this appeal from appellant’s conviction on two counts of uttering a forged instrument, appellant claims he should be discharged because he was not brought to trial within the period prescribed by the speedy trial rule, Fla.R.Crim.P. 3.191. We agree. The State’s contention is that the period of the rule did not begin to run until August 25, 1978, when appellant was formally arrested on the charges of which he is now convicted. We find, on the contrary, that the period began to run on August 4, 1978, when appellant was taken into custody as a suspect on these and related charges, was advised of his constitutional rights, and was interrogated. Appellant then confessed to these and related charges. Appellant was then in custody on all those charges, though he was then formally arrested on only one of them, which subsequently was dismissed. See State v. N. B., 360 So.2d 162 (Fla. 1st DCA 1978), cert. *44 dismissed, 365 So.2d 713 (Fla.1978); Deloach v. State, 338 So.2d 1141 (Fla. 1st DCA 1976).

The convictions are REVERSED and appellant is DISCHARGED.

ERVIN and WENTWORTH, JJ., concur.

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Cited by 4 cases

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State Appellate Courts4

Relies on it most ⓘ

State v. Miller437 So. 2d 734 (Fla. Dist. Ct. App. 1983)
Wright v. State387 So. 2d 1060 (Fla. Dist. Ct. App. 1980)
Thomas v. State405 So. 2d 1015 (Fla. Dist. Ct. App. 1981)
Johnson v. State409 So. 2d 152 (Fla. Dist. Ct. App. 1982)

Most recent

State v. Miller437 So. 2d 734 (Fla. Dist. Ct. App. 1983)
Johnson v. State409 So. 2d 152 (Fla. Dist. Ct. App. 1982)
Thomas v. State405 So. 2d 1015 (Fla. Dist. Ct. App. 1981)
Wright v. State387 So. 2d 1060 (Fla. Dist. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Deloach v. State, 338 So. 2d 1141 (Fla. Dist. Ct. App. 1976)	13
	State v. N. B., 360 So. 2d 162 (Fla. Dist. Ct. App. 1978)	10

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