Snow v. State, No. 80-1223

CourtFlorida District Court of Appeals
Writing for the CourtBOARDMAN; HOBSON, Acting C. J., and OTT
Citation399 So.2d 466
Decision Date03 June 1981
Docket NumberNo. 80-1223
PartiesTimothy Paul SNOW and David Andrew Wilson, Appellants, v. STATE of Florida, Appellee.

Page 466

399 So.2d 466
Timothy Paul SNOW and David Andrew Wilson, Appellants,
v.
STATE of Florida, Appellee.
No. 80-1223.
District Court of Appeal of Florida, Second District.
June 3, 1981.

Page 467

Waldense D. Malouf, Clearwater, for appellant Timothy Paul Snow.

James W. O'Neill, Jr., of Law Offices of William F. Casler, Sr., St. Petersburg Beach, for appellant David Andrew Wilson.

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

BOARDMAN, Judge.

Timothy Paul Snow and David Andrew Wilson appeal judgments and sentences for conspiracy and several counts of kidnapping and involuntary sexual battery, alleging that their speedy trial rights were violated. We disagree and affirm.

On November 2, 1979, appellants were questioned by Deputy Sheriff Robert Codere concerning alleged sexual assaults upon an inmate in the Pinellas County Jail occurring on October 27, 28, and 29, 1979. Codere read appellants their Miranda rights before questioning them. At the time of the alleged sexual assaults, appellants were in jail pending trial on unrelated charges. After questioning appellants, Codere informed prison officials that they were possible perpetrators of the assaults being investigated, that the investigation was being continued, and that, consequently, appellants should be moved. Appellants were then moved to a separate administrative detention cell.

Other inmates in the same cell who were questioned denied knowledge of an assault having taken place, and Codere received conflicting times and dates from the inmates who claimed knowledge of such an assault.

The only verification of the victim's allegations given initially was by inmate Todd. However, Todd indicated he had not actually been in that part of the cell where the assault occurred, but had heard noises; he had actually seen some of the activities on the following day.

Codere had received information that Van Dusen, the victim, was a homosexual and asked him to submit to two polygraph tests. The first test was given a week or two after the initial contact, and the second test was given on a different day. The victim passed the polygraph tests. Finally, some time after the initial interviews, inmates Simpson and Johnston verified the incidents.

No information arising out of the incidents in question was filed until December 14, 1979, when appellants and Raymond Bey 1 were charged in separate informations with a sexual battery alleged to have occurred on October 27, 1979. These informations were nolle prossed on March 10, 1980, and a new information was filed on March 11, 1980, charging appellants, Bey, and four other defendants with twenty-one different counts.

On May 6, appellants filed a motion to dismiss and on May 12 or May 13, they filed a motion for discharge on the ground that more than 180 days had elapsed since they were taken into custody on the instant charges, both of which motions were denied

Page 468

after hearing. Appellants then pled nolo contendere to certain of the charges against them and guilty to the others, specifically reserving the right to appeal the denial of their motion for discharge, and were sentenced to lengthy prison terms. This appeal followed timely.

At the outset, we point out that a plea of guilty forecloses direct appeal on any matter which occurred prior to entry of the plea. Robinson v. State, 373 So.2d 898 (Fla.1979). A defendant who pleads guilty may appeal only issues which occurred contemporaneously with the plea, and those issues include only subject matter jurisdiction, illegality of the...

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6 practice notes
  • State v. Preston, No. 83-023
    • United States
    • Supreme Court of New Hampshire
    • October 26, 1983
    ...at hand. Prison officials need not find probable cause in order to transfer an inmate to a new custodial setting. See Snow v. State, 399 So.2d 466, 468 (Fla.App.1981) (transferred for protective Indeed, isolation of an inmate, who breaks prison regulations, may occur for disciplinary reason......
  • Roberts v. State, No. 86-3
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1986
    ...1st DCA 1984); Whitchard v. State, 459 So.2d 439 (Fla. 3d DCA 1984); Rosemond v. State, 433 So.2d 635 (Fla. 1st DCA 1983); Snow v. State, 399 So.2d 466 (Fla. 2d DCA 1981); Beck v. Wainwright, 381 So.2d 1124 (Fla. 1st DCA Affirmed. ...
  • Gordon v. Leffler In and For Seminole County, No. 86-1253
    • United States
    • Court of Appeal of Florida (US)
    • August 21, 1986
    ...474 So.2d 777 (Fla.1985), cert. denied, Griffin v. Florida, --- U.S. ----, 106 S.Ct. 869, 88 L.Ed.2d 908 (1986), and Snow v. State, 399 So.2d 466 (Fla. 2d DCA 1981), where no arrest Under applicable case law, the date of the arrest triggers the running of the time periods under the speedy t......
  • Adkinson v. State, No. 80-1951
    • United States
    • Court of Appeal of Florida (US)
    • July 21, 1981
    ...v. State, 393 So.2d 1140 (Fla. 3d DCA 1981) (violation of speedy trial rule could have been raised on direct appeal). Cf. Snow v. State, 399 So.2d 466 (Fla. 2d DCA 1981) (appeal of imposition of sentence allegedly in violation of speedy trial rule not foreclosed by plea of Appellant failed ......
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6 cases
  • State v. Preston, No. 83-023
    • United States
    • Supreme Court of New Hampshire
    • October 26, 1983
    ...at hand. Prison officials need not find probable cause in order to transfer an inmate to a new custodial setting. See Snow v. State, 399 So.2d 466, 468 (Fla.App.1981) (transferred for protective Indeed, isolation of an inmate, who breaks prison regulations, may occur for disciplinary reason......
  • Roberts v. State, No. 86-3
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1986
    ...1st DCA 1984); Whitchard v. State, 459 So.2d 439 (Fla. 3d DCA 1984); Rosemond v. State, 433 So.2d 635 (Fla. 1st DCA 1983); Snow v. State, 399 So.2d 466 (Fla. 2d DCA 1981); Beck v. Wainwright, 381 So.2d 1124 (Fla. 1st DCA Affirmed. ...
  • Gordon v. Leffler In and For Seminole County, No. 86-1253
    • United States
    • Court of Appeal of Florida (US)
    • August 21, 1986
    ...474 So.2d 777 (Fla.1985), cert. denied, Griffin v. Florida, --- U.S. ----, 106 S.Ct. 869, 88 L.Ed.2d 908 (1986), and Snow v. State, 399 So.2d 466 (Fla. 2d DCA 1981), where no arrest Under applicable case law, the date of the arrest triggers the running of the time periods under the speedy t......
  • Adkinson v. State, No. 80-1951
    • United States
    • Court of Appeal of Florida (US)
    • July 21, 1981
    ...v. State, 393 So.2d 1140 (Fla. 3d DCA 1981) (violation of speedy trial rule could have been raised on direct appeal). Cf. Snow v. State, 399 So.2d 466 (Fla. 2d DCA 1981) (appeal of imposition of sentence allegedly in violation of speedy trial rule not foreclosed by plea of Appellant failed ......
  • Request a trial to view additional results

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