State v. Camper, 77-1899

• Decision Date: 04 April 1978
• Docket Number: No. 77-1899,77-1899
• Citation: 356 So.2d 1329
• Parties: STATE of Florida, Appellant, v. Cecil Calvert CAMPER, Appellee.
• Court: Florida District Court of Appeals

Page 1329

356 So.2d 1329

STATE of Florida, Appellant, v. Cecil Calvert CAMPER, Appellee.

No. 77-1899.

District Court of Appeal of Florida, Fourth District.

April 4, 1978.

Appeal from Circuit Court, Palm Beach County; Carl H. Harper, Judge.

Maurice J. Hall, Asst. State's Atty., West Palm Beach, for appellant.

Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee.

MOORE, Judge.

The State appeals the granting of appellee's motion for discharge pursuant to Fla.R.Crim.P. 3.191(a)(1). In Eaddy v. State, 352 So.2d 98 (Fla. 4th DCA 1977) this court held that the speedy trial time does not begin to run in favor of an individual who is incarcerated in another jurisdiction and against whom a detainer has been lodged until the authority which filed the detainer obtains custody of the individual. It is unfortunate that the learned trial judge was without the benefit of Eaddy, supra, at the time of his decision. Accordingly, the trial court's order discharging the appellee is REVERSED and this cause REMANDED with instructions to reinstate the charges against the appellee.

REVERSED and REMANDED.

ALDERMAN, C. J., and DAUKSCH, J., concur.