REVERSED. We agree with the state that the circuit court erred in holding as a matter of law that the appellee’s speedy trial rights were violated. See State v. Brown, 527 So.2d 209 (Fla. 3d DCA), rev. denied, 534 So.2d 398 (Fla. 1988); Birken v. Scheer, 543 So.2d 330 (Fla. 4th DCA), rev. denied, 553 So.2d 1166 (Fla. 1989); State v. Counce, 392 So.2d 1029 (Fla. 4th DCA 1981).