DEVINE v. STATE

No. 2D12-367.

120 So.3d 171 (2013)

Brian Douglas DEVINE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 23, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Kevin Briggs , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Susan D. Dunlevy , Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Brian Devine appeals his burglary conviction and argues that the charge should have been dismissed pursuant to the Interstate Agreement on Detainers (IAD), chapter 941, part II, Florida Statutes (2009). We agree and reverse.

In 2004, the state attorney in Collier County charged Devine with burglary of an unoccupied dwelling. Not long after the charge was filed, Devine failed to appear in court. He resurfaced in 2009 while serving a prison...

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