Floyd v. State, CR
| Decision Date | 12 September 1983 |
| Docket Number | No. CR,CR |
| Citation | 656 S.W.2d 701,280 Ark. 226 |
| Parties | Wallace E. FLOYD, Appellant, v. STATE of Arkansas, Appellee. 83-57. |
| Court | Arkansas Supreme Court |
John W. Settle, Fort Smith, for appellant.
Steve Clark, Atty. Gen., by Theodore G. Holder, Asst. Atty. Gen., Little Rock, for appellee.
The sole issue in this case is whether the appellant, who was incarcerated in prison after being convicted on another charge, was afforded a speedy trial as defined by the Arkansas Rules of Criminal Procedure, Art. VIII, Speedy Trial, Vol. 4A (Repl.1977 and Supp.1983).
The time for trial commenced running on August 25, 1981, the date appellant was incarcerated in jail to await trial on this charge. A.R.Cr.P. Rule 28.2. Appellant remained in jail awaiting trial until January 21, 1982 when he was incarcerated in prison pursuant to conviction on another charge. He was not tried on the charge now before us until November 16, 1982, a period of fourteen months and twenty-six days from the date the time commenced to run.
A defendant incarcerated in prison for another offense must be tried within twelve months from the date time commences to run, excluding authorized delays, or else the charge must be dismissed. A.R.Cr.P. 28.1(b). The state has failed to show any authorized cause for delay. The conviction must be reversed and dismissed.
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Hall v. State, CR
...discharged, and prosecution absolutely barred, if counsel had moved for dismissal. A.R.Cr.P. Rule 28.1(b) and 30.1(a); Floyd v. State, 280 Ark. 226, 656 S.W.2d 701 (1983). Appellant waived his right to a speedy trial when he later pleaded guilty. A.R.Cr.P. Rule However, a waiver of the righ......
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Stanley v. State, CR
...Under A.R.Cr.P. Rule 28.1(b) the State had twelve (12) months from the date of his arrest in which to try appellant. Floyd v. State, 280 Ark. 226, 656 S.W.2d 701 (1983). The trial court scheduled appellant's trial for June 9, 1986, which was clearly within the time limit for a speedy trial.......
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Cooper v. Langston, CR
...of time a defendant is under arrest for one crime and incarcerated in prison on another crime is counted. The case of Floyd v. State, 280 Ark. 226, 656 S.W.2d 701 (1983), is readily distinguishable from the case at bar. There, Floyd was arrested on August 25, 1981, and was held in jail unti......
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