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STATE v. WASSEL

No. 86-1354.

502 So.2d 476 (1987)

The STATE of Florida, Appellant, v. John H. WASSEL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 10, 1987.

Attorney(s) appearing for the Case

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

Ordonez, Friend & Fleck and Geoffrey C. Fleck, Miami, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The state appeals from a writ of prohibition precluding the county court from proceeding against the defendant-appellee in a d.u.i. case on speedy trial grounds. We reverse because, when the case was first set for trial a short time after commencement, the defendant moved for and was granted a continuance, thus waiving the benefit of the rule. State ex rel. Butler v. Cullen, 253 So.2d 861 (Fla. 1971); Homer...

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