(Download) "Robert Lee Kemp v. State Florida" by Third District. District Court of Appeal of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: Robert Lee Kemp v. State Florida
- Author : Third District. District Court of Appeal of Florida
- Release Date : January 29, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Per Curiam. On this appeal from a summary denial of his motion for relief pursuant to Rule I, F.S.A. ch. 924 Appendix the defendant alleges that he was informed against in 1949 and tried in 1959. During the interim he had been incarcerated upon other convictions. It is his position now that by the delay he was denied a speedy trial as guaranteed by the Constitution of the State of Florida. We hold that the trial court correctly determined that these allegations did not constitute a basis for relief under the rule because the record conclusively shows that the appellant failed to take advantage of § 915.02 Fla.Stat., F.S.A.1 by requesting trial. Under the law in this State as enunciated in Loy v. Grayson, Fla.1957, 99 So.2d 555, and Marti v. State, Fla.App.1964, 163 So.2d 506, the lapse of time between the filing of an information and the trial on the charges included therein does not render his subsequent conviction subject to collateral attack.