STATE v. RYDER

No. 83-1010.

449 So.2d 398 (1984)

STATE of Florida, Appellant, v. Edward Albert RYDER, Appellee.

District Court of Appeal of Florida, Second District.

May 2, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Diane Barrs, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellee.


LEHAN, Judge.

The state appeals from an order discharging defendant on speedy trial grounds. We reverse. We hold that defendant's pretrial waiver of speedy trial rights also applied to the ninety day period for retrial after a mistrial.

On September 8, 1981 defendant was charged with sale of marijuana. He was arrested on that charge two days later. On February 16, 1982, defendant obtained a continuance, explicitly waiving speedy trial rights. Defendant received...

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