Birken v. Scheer

STONE, Judge.

The state appeals a writ of prohibition entered by the circuit court directing a judge of the county court to discharge a criminal defendant on speedy trial grounds. The defendant, Seheer, was charged with driving under the influence. The circuit court determined that a defense motion for continuance should not have been “charged” against the defendant, and that, as a result, the ninety-day speedy trial period under Florida Rule of Criminal Procedure 3.191 expired without a waiver. This court has jurisdiction. See State v. Brown, 527 So.2d 207 (Fla. 3d DCA 1987).

The appellee…