Smith v. State

Smith petitions for a writ of prohibition to bar his criminal trial below on the ground that his speedy trial rights were violated. We deny the writ.

First, Smith alleges that his defense counsel waived speedy trial on June 15, 1999. He did not file his pro se waiver of counsel and demand for speedy trial until August 31, 1999. See Fla. R.Crim. P. 3.191(j)(2). Any delay in bringing Smith *742to trial was attributable to his own counsel, and thus discharge is not appropriate. Further, it appears Smith was represented by counsel when he filed his pro se demand, so the demand must be deemed a…