Wilson v. State, 7222
| Decision Date | 25 January 1967 |
| Docket Number | No. 7222,7222 |
| Citation | 194 So.2d 33 |
| Parties | Harold WILSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Harold Wilson, in pro. per.
Earl Faircloth, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.
Defendant has filed this appeal from an order denying relief under Criminal Procedure Rule One, F.S.A. ch. 924 Appendix.
On February 4, 1963, an information was filed in the Criminal Court of Record of Polk County charging the defendant, along with two others, with Count 1, Conspiracy to Commit Robbery, and Count 2, Robbery. Defendant appeared before the court on February 8, 1963, with his attorney, and entered a plea of not guilty. The case was set for jury trial on March 21, 1963. Subsequently defendant's original attorney withdrew from the case. Defendant's second attorney obtained continuances for various reasons and the trial was postponed until July 25, 1963.
The defendant failed to appear for his trial and his second attorney withdrew from the case. On July 13, 1964, the defendant, having again been placed in custody, appeared before the court, was adjudged to be insolvent, and a public defender was appointed to represent him. Defendant's trial in Polk County was then continued so that he could be tried in Dade County.
On March 11, 1965, defendant appeared in the court with the public defender, pled guilty to both counts of the information and was placed on probation for five (5) years.
On March 16, 1965, an affidavit for violation of defendant's probation was filed in the Criminal Court of Record for Polk County. On May 21, 1965, this warrant was withdrawn and the defendant restored to supervision. Subsequently the defendant fled to Texas. He was again placed in custody and brought back to Polk County. On March 30, 1966, a hearing was held and the defendant's probation was revoked and he was sentenced to ten (10) years in the State Prison on Count 2 of the Information.
Defendant claims that he was denied a speedy trial because he was held for three terms of court before entering his plea of guilty. It should be noted that during this period defendant was transferred to the Dade County Jail for trial on another charge.
Under Fla.Stat., Sec. 915.01, F.S.A., a defendant can be released from custody if he is not given a trial for three consecutive terms of court, but the defendant must file a request for a trial before this statute takes effect. Silence on the part of the accused will not activate this statute. Loy v. Grayson, Fla.1957, 99 So.2d 555; Kelly v. State ex rel. Morgan, Fla.1951, 54 So.2d 431; and Kemp v. State, Fla.App.1965, 177 So.2d 58. Defendant here filed no request for trial, so he cannot...
To continue reading
Request your trial
-
Smith v. State
...Court; and in such event, the State is given three terms within which to bring him to trial. This 2nd District Court, in Wilson v. State, Fla.App.1967, 194 So.2d 33, construing § 915.01, said that 'the defendant must file a request for a trial before this statute takes effect. Silence on th......
-
Ware v. State
...he has prosecuted this appeal. We find no merit in the contentions raised in the petition before the trial court. Wilson v. State, Fla.App.1967, 194 So.2d 33; Ruiter v. State, Fla.App.1967, 205 So.2d 556. We are concerned about what appears to be a fundamental jurisdictional problem that ap......
-
Ryan v. State
...So.2d 555; Kelly v. State ex rel. Morgan, Fla.1951, 54 So.2d 431; Kemp v. State, Fla.App.1965, 177 So.2d 58; and Wilson v. State, Fla.App.1967,194 So.2d 33. In the instant case the appellant was in custody serving a twenty-five year sentence and was in jail during the four and one-half year......
-
Ruiter v. State
...punishment for robbery is life imprisonment, Fla.Stat., Sec. 813.011 (1965), F.S.A., said sentence is legal. See Wilson v. State, Fla.App.1967, 194 So.2d 33, 34--35; McNeely v. State, Fla.App.1966, 186 So.2d 520, In view of the foregoing, the order here appealed is affirmed. Affirmed. LILES......