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Florida District Courts of Appeal, 1987

State v. Long

State v. Long
Florida District Courts of Appeal · Decided September 29, 1987 · Hendry, Nesbitt, Schwartz
513 So. 2d 237; 12 Fla. L. Weekly 2339; 1987 Fla. App. LEXIS 10421 (Southern Reporter, Second Series)

State v. Long

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).

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