State v. Long

Florida District Courts of Appeal September 29, 1987

State v. Long, 513 So. 2d 237 (1987)

12 Fla. L. Weekly 2339; 1987 Fla. App. LEXIS 10421

Hendry, Nesbitt, Schwartz

Opinion of the Court

PER CURIAM.

We reverse the writ of prohibition issued below which, on speedy trial grounds, precluded the continued prosecution of a DUI charge in the county court. The record shows that defense counsel specifically agreed to a trial date beyond the speedy trial time, thus effecting a waiver of the appellee’s rights under the rule.1 See Smith v. State, 482 So.2d 521 (Fla.2d DCA 1986), and cases cited.

. We point out that the 1984 changes in the speedy trial rule which eliminate the requirement of immediate discharge are inapplicable to misdemeanors. See Fla.R.Crim.P. 3.191(i)(2).

Reference

Full Case Name: The STATE of Florida v. William H. LONG, Jr.
Cited By: 3 cases
Status: Published