State v. Long

Full title: THE STATE OF FLORIDA, APPELLANT, v. WILLIAM H. LONG, JR., APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 29, 1987

513 So. 2d 237 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-762.

September 29, 1987.

Appeal from the Circuit Court, Dade County, Howard Gross, J.

Robert A. Butterworth, Atty. Gen. and Debora J. Turner, Asst. Atty. Gen., for appellant.

Curtis L. Jones, Jr., Miami, for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.

PER 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.

1 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).