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JOHN v. STATE

No. 87-1993.

534 So.2d 895 (1988)

Gary Lee JOHN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 8, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and Elizabeth C. Masters, Dept. of Legal Affairs, Tallahassee, Asst. Atty. Gen., for appellee.

COWART, Judge.

The defendant filed a motion to dismiss criminal charges alleging that while incarcerated in a foreign state pursuant to section 941.45(3)(a), Florida Statutes, he sent a letter notifying the assistant state attorney of his request for a final disposition of the charges in Florida and that the time limits contained in said statute having expired, the defendant was entitled, pursuant to section 941.45(4)(e), to have the charges dismissed. After an evidentiary...

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