Newsom v. State ex rel. Morris

ERVIN, Judge,

specially concurring.

If this case were governed solely by the provisions of Florida Rule of Criminal Procedure 3.191(d)(2),1 as amended in 1980, I would vote to grant the petition for writ of certiorari and to reverse the order denying the petition for writ of prohibition. In construing section (d)(2) of the rule, the courts have repeatedly stated that a defendant’s silence or failure to object to the setting of a trial date beyond the period required by the speedy trial rule cannot constitute waiver by acquiescence. Stuart v. State, 360 So.2d 406 (Fla.1978); State v. Swint, 464…