Legal Opinion

State v. Long

District Court of Appeal of Florida

Decided September 29, 1987No. 87-762PublishedCited by 3 opinions

1Per curiam

We 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.. 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).

2Cases cited1 opinion

  1. Smith v. StateDistrict Court of Appeal of Florida · 1986

3Cited by3 opinions

  1. Coleman v. EatonDistrict Court of Appeal of Florida · 1989
  2. F.A.T. v. StateDistrict Court of Appeal of Florida · 1988
  3. Pannier v. StateDistrict Court of Appeal of Florida · 1991