State v. Martinez

SCHWARTZ, Chief Judge.

Because the defendant had moved for and secured at least one previous continuance, thus effecting a waiver of his speedy trial rights, his motion for discharge filed under Fla.R.Crim.P. 3.191 was not well taken. Brown v. State, 561 So.2d 607 (Fla. 3d DCA 1990); Ehn v. Smith, 426 So.2d 570 (Fla. 5th DCA 1983); State v. Brown, 412 So.2d 448 (Fla. 5th DCA 1982). Nevertheless the trial court dismissed the prosecution because the state had not brought the motion on for hearing within five days as required by Fla.R.Crim.P. 3.191(i)(3). See Massey v. Graziano, 564 So.2d 287…