State v. Oppert

LETTS, Judge.

The State appeals an order of discharge entered because of the passage of 90 days after a defense granted continuance with no specific waiver of speedy trial. We reverse.

The waters in this area are muddy indeed and we have already partially certified the question now before us to the Supreme Court. See Fluellen v. Butterworth, 372 So.2d 943 (Fla. 4th DCA 1979).

With the utmost of respect we would repeat our apprehensions voiced in State v. Reese, 359 So.2d 33 (Fla. 4th DCA 1978) to the effect that the Supreme Court ruling in Negron v. State, 306 So.2d 104 (Fla.1975) is based on an…