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THOMPSON v. STATE EX REL. MITCHELL

No. 77-150.

353 So.2d 664 (1978)

James R. THOMPSON, As Judge of the County Court of Lee County, Florida, Appellant, v. STATE ex rel. George MITCHELL, Appellee.

District Court of Appeal of Florida, Second District.

January 4, 1978.

Attorney(s) appearing for the Case

Joseph P. D'Alessandro, State's Atty., Louis S. St. Laurent, Chief Asst. State's Atty., and James A. Pilon and Darryl C. Casanueva, Asst. State's Attys., Fort Myers, for appellant.

Wilbur C. Smith, III of Smith & Carta, Fort Myers, for appellee.

OTT, Judge.

In this appeal from the granting of a suggestion for writ of prohibition we are asked to decide whether relator's express and unconditional waiver of his speedy trial rights in a stipulation for continuance constituted a waiver of his speedy trial rights under Fla.R.Crim.P. 3.191. We hold that it does and reverse.

Defendant/relator twice stipulated to a continuance of his trial,1 trial being set for June 18, 1976 by...

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