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SHARP v. STATE

No. 87-18.

522 So.2d 51 (1988)

Kenneth SHARP, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 11, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

COBB, Judge.

Kenneth Sharp appeals the trial court's denial of his motion to dismiss a charge of escape, based on the state's failure to comply with section 941.45, Florida Statutes (1985).1 Sharp's contention that section 941.45 applies to him is patently without merit. His return to Florida from Kansas was not predicated upon a detainer lodged against him pursuant to the statute; at the time of his return, there was no "untried indictment...

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