State v. Roberts, s. 82-28
| Citation | 427 So.2d 787 |
| Decision Date | 04 March 1983 |
| Docket Number | 82-29,Nos. 82-28,s. 82-28 |
| Parties | STATE of Florida, Appellant, v. Jeffrey ROBERTS, Appellee. |
| Court | Court of Appeal of Florida (US) |
Page 787
v.
Jeffrey ROBERTS, Appellee.
Second District.
Page 788
Jim Smith, Atty. Gen., Tallahassee and William E. Taylor, Asst. Atty. Gen., Tampa, for appellant.
Leonard H. Holton, Dade City, for appellee.
RYDER, Judge.
The state appeals from the trial court's order dismissing two informations filed against one Jeffrey Roberts. The issue presented is whether there must be strict or substantial compliance with the Interstate Agreement on Detainers Act (IADA), section 941.45(3), Florida Statutes (1979), for the 180-day time period to begin to run. Under the facts presented, we hold that substantial compliance with section 941.45(3) will enable a defendant to seek relief under that Act.
On December 18, 1979, Roberts was arrested in New York on New York charges. He was placed in the Nassau County Jail. Thereafter, the Pasco County State Attorney's Office received information about this arrest. On January 8, 1980, subsequent to a decision to seek extradition, two informations were filed in Pasco County charging Roberts with two counts of burglary and six counts of grand theft. Later in January, Roberts sent to the courthouse in Zephyrhills, Florida a letter informally requesting a speedy trial on the Florida charges. This letter was forwarded to the Pasco County State Attorney's Office. Extradition was not possible as of March 1980 as Roberts was awaiting sentencing on the New York charges.
On March 7, 1980, the state attorney's office sent a letter to Nassau County, New York police officials confirming that the Florida charges were being used as a detainer against Roberts and requesting notification upon disposition of the New York charges. Roberts was sent a copy of this letter.
On July 21, 1980, the Pasco County State Attorney's Office received another handwritten letter from Roberts which had been sent first to the Attorney General's Office in Tallahassee. In this letter, Roberts invoked
Page 789
his right to a speedy trial under the IADA; however, Roberts referred to the language of an inapplicable section.On November 21, 1980, Pasco County officials received a letter from the Nassau County Police Department indicating that Roberts had been sentenced on the New York charges to a term of one and one-half to three years at Ossining Correctional facility. The letter provided the address of Ossining and stated that a copy of the fugitive warrant would be sent to the prison with the files.
After one week, Roberts was transferred to Downstate Correctional facility at Fishkill, New York. Shortly thereafter, the state attorney's office wrote to Ossining prison officials requesting a release date of Roberts or the date on which he would be available for extradition. The record does not reflect whether there was a response to this letter.
On December 15, 1980, the Pasco County State Attorney's Office received three documents from Roberts. The first was a handwritten copy of the form used to inform Roberts that a detainer had been lodged against him. The second form, also handwritten, expressly requested final disposition under the IADA and waived extradition. This form advised the state attorney's office of Roberts' location at Downstate; a request was included that the form be forwarded to the proper offices if necessary. The third document was a memorandum sent by the prison authorities to Roberts which stated jail credit time, a conditional early release date, a maximum incarceration date and a parole eligibility date. These forms were sent by Roberts, not by the New York corrections officials. Hence, there was no certificate of inmate status.
In late December 1980, Roberts was transferred to the Otisville (New York) Correctional Institute. In April 1981,...
To continue reading
Request your trial
-
Torres-Arboledo v. State, TORRES-ARBOLED
...it together with the certificate to the appropriate prosecuting official and court...." Torres-Arboledo relies on State v. Roberts, 427 So.2d 787 (Fla. 2d DCA 1983), which holds that substantial compliance with the requirements of section 941.45(3) is sufficient to invoke the benefits of th......
-
State v. Tarango, 9464
...1220 (Ala.Cr.App.1980), the majority of jurisdictions addressing the issue found substantial compliance sufficient. State v. Roberts, 427 So.2d 787 (Fla.App.1983). The jurisdictions have not, however, agreed on what constitutes "substantial compliance." Id. One court held that the question ......
-
Monroe v. State, 2D05-5502.
...consistent with Florida cases that have applied the IADA to circumstances governed by both articles III and IV. Compare State v. Roberts, 427 So.2d 787, 790 (Fla. 2d DCA 1983) ("As Roberts was not brought to Florida until July 15, 1981, more than 180 days after section 941.45 was invoked, t......
-
State v. Burrus, s. 1
...comply" with the procedural requirements of the IAD. Rockmore v. State, 21 Ariz.App. 388, 519 P.2d 877 (1974). See State v. Roberts, 427 So.2d 787 (Fla.App.1983). As to the degree of compliance All that is required of the prisoner is that he give or send written notice and a request for fin......