State v. Long

District Court of Appeal of Florida

Decided September 29, 1987

District Court of Appeal of Florida · decided 1987-09-29

Cited by 3 later decisions — most recently July 1991

3 state decisions

Relies on 482 So. 2d 521 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-29

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PER CURIAM.

¶1We 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.

¶2. 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).