State v. Joyner, 460 So. 2d 584 (Fla. 5th DCA 1984). · Go Syfert
State v. Joyner, 460 So. 2d 584 (Fla. 5th DCA 1984). Cases Citing This Book View Copy Cite
8 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: State of Florida v. Laquentin Jenkins (fladistctapp, 2024-05-15)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) State of Florida v. Laquentin Jenkins
Fla. Dist. Ct. App. · 2024 · confidence medium
While the lengthy delay in filing the firearm possession charge was presumptively prejudicial, see State v. Joyner, 460 So. 2d 584, 585 (Fla. 5th DCA 1984), and the delay was solely attributable to the State’s negligence, see Howell v. State, 418 So. 2d 1164, 1172 (Fla. 1st DCA 1982), we find these factors were outweighed by Defendant’s failure to assert his speedy trial right and the fact that any prejudice was caused by Defendant’s own decision to consolidate and continue the cases.
discussed Cited "see" DEANGELO GEORGE ROBINSON v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See State v. Joyner, 460 So. 2d 584, 585 (Fla. 5th DCA 1984) (holding the defendant failed to show his speedy trial rights were violated and stating: “There was no oppressive pretrial incarceration because Joyner was serving a lengthy state prison sentence.”).
discussed Cited "see" Fletcher v. State
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See State v. Joyner, 460 So.2d 584, 585 (Fla. 5th DCA 1984) (delay of twenty months between filing of information and issuance of capias and return of defendant from prison was sufficient to trigger presumption of prejudice).
STATE of Florida
v.
Ricky Everett JOYNER
No. 84-121.
District Court of Appeal of Florida, Fifth District.
Dec 20, 1984.
460 So. 2d 584
Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellant., James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellee.
Cowart, Orfinger, Powell.
Cited by 5 opinions  |  Published
POWELL, R., Associate Judge.

The state appeals an order granting Joyner’s motion for discharge on the ground that his constitutional right to speedy trial[1] was violated. We reverse.

[*585] This court recently addressed such an issue in Vela v. State, 450 So.2d 305 (Fla. 5th DCA 1984). The controlling principles are fully set forth in that opinion and need not be repeated here.

While the delay of twenty months between the filing of the information and issuance of capias and the return of Joyner from the Department of Corrections was sufficient to trigger a presumption of prejudice, requiring consideration of other factors, it was insufficient in itself to find a violation of Joyner’s constitutional speedy trial right. The delay by the state in ascertaining Joyner’s whereabouts and returning him for trial was negligent delay, which weighs less heavily against the state than deliberate delay. Of utmost importance, however, is that Joyner has failed to show actual prejudice resulting from the delay. There was no oppressive pretrial incarceration because Joyner was serving a lengthy state prison sentence, norr was there undue anxiety and concern since he was unaware of the pending charge. His assertion that his defense was impaired by the intervening death of a potential alibi witness was just that — a mere assertion, lacking in substance or particulars.[2]

After considering all of the Barker[3] factors, as expressed in Vela, we conclude that Joyner’s constitutional right to speedy trial was not violated. Consequently, the trial court’s order discharging him was in error and is hereby reversed.

REVERSED and REMANDED.

ORFINGER and COWART, JJ., concur.
1

This case does not involve a claim that Joyner’s right to speedy trial under Florida Rule of Criminal Procedure 3.191 was violated.

2

The only showing made of an impaired defense was counsel’s argument at the hearing that one Willie Bozeman, a former employer, had died on October 19, 1983 (his death certificate was produced) and that although counsel had never spoken with Bozeman, "it’s our contention that there could very well have been an alibi.” Speculative allegations of an impaired defense are unpersuasive. United States v. Jenkins, 701 F.2d 850 (10th Cir.1983).

3

Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).