Florida District Courts of Appeal, 1983

Howard v. Harper

Howard v. Harper
Florida District Courts of Appeal · Decided October 26, 1983 · Hurley, Letts, Walden
440 So. 2d 445; 1983 Fla. App. LEXIS 22749 (Southern Reporter, Second Series)

Howard v. Harper

Opinion of the Court

PER CURIAM.

The petition for writ of prohibition is denied. Petitioners, defendants in the trial court, executed a written waiver of their speedy trial rights. Consequently, the strictures of Rule 3.191, Fla.R.Crim.P., are inapplicable at this stage of the proceedings. See Butterworth v. Fluellen, 389 So.2d 968 (Fla. 1980); Gallego v. Purdy, 415 So.2d 166 (Fla. 4th DCA 1982).

LETTS and HURLEY, JJ., concur. WALDEN, J., dissents with opinion.

Dissenting Opinion

WALDEN, Judge,

dissenting.

I would grant the petition for writ of prohibition and prohibit Respondent from conducting a trial of petitioners because there was a non-waived violation of their rights to a speedy trial under Florida Rule of Criminal Procedure 3.191. Lowe v. Price, 437 So.2d 142 (Fla. 1983), State ex rel. Butler v. Cullen, 253 So.2d 861 (Fla. 1971) and Butterworth v. Fluellen, 389 So.2d 968 (Fla. 1980).

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