Martin v. State

Appellant challenges the denial of his motion for discharge, predicated upon a violation of the speedy trial rule, 3.191, Florida Rules of Criminal Procedure.

Rule 3.191(d)(2) provides that speedy trial time may be extended by order of court or upon stipulation, either written or announced to the court. The record in this cause reflects no court order or stipulation.

The State correctly points out that a waiver may be proved by other means. However, herein no contemporaneous record activity supports the trial judge’s recollection, as was the case in Redden v. State, 429 So.2d 99 (Fla. 2d DCA…