TORO v. STATE

No. 85-15.

479 So.2d 298 (1985)

Angel TORO a/k/a Sammy Toro, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 10, 1985.


Attorney(s) appearing for the Case

Gustavo Gutierrez, Miami, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.


SCHWARTZ, Chief Judge.

The defendant's sole contention, preserved through the entry of a nolo plea, is that he is entitled to dismissal because he was not scheduled for trial within the 120 day period provided by Article IV(c) of the Interstate Agreement on Detainers, § 941.45(4)(c), Fla. Stat. (1983).1 We disagree.

Applying the body of federal law which controls the interpretation of the IAD, Cuyler v. Adams,

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