STATE v. MILLER

No. AQ-243.

437 So.2d 734 (1983)

STATE of Florida, Appellant, v. Clyde MILLER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 30, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Richard A. Patterson, Asst. Atty. Gen., Tallahassee, for appellant.

David A. Davis, Asst. Public Defender, Tallahassee, for appellee.


SHIVERS, Judge.

The State appeals the order of the trial court granting Miller's motion for discharge under the speedy trial rule, Fla.R.Crim.P. 3.191. Appellant argues that the speedy trial time period did not begin to run merely because appellee, who was already in custody due to an unrelated offense, was given Miranda warnings and questioned about the alleged crime. We agree, reverse and remand.

Miller was arrested during a burglary in process at...

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