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440 So. 2d 445

Howard v. Harper

District Court of Appeal of Florida

Decided October 26, 1983

District Court of Appeal of Florida · decided 1983-10-26

Relies on 389 So. 2d 968 - Butterworth in and for Broward Cty. v. Fluellen · State Ex Rel. Butler v. Cullen · 437 So. 2d 142 - Lowe v. Price

Decided 1983-10-26

PER CURIAM.

¶1The 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.
WALDEN, Judge,

¶2dissenting.

¶3I 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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