State v. Brosman

The appellee was discharged after the state failed to bring him to trial within 90 days of a state requested continuance. However, the record reflects that the appel-lee had previously secured a continuance and thereby waived his right to a speedy trial under the speedy trial rule. Although we have previously held that the state is required to bring a defendant to trial within 90 days of a continuance granted at the state’s request following an earlier defense continuance, those decisions have now been overruled by the Florida Supreme Court. See Butterworth v. Fluellen, 389 So.2d 968, 80…