STATE v. BROWN

No. 87-1484.

527 So.2d 209 (1988)

The STATE of Florida, Appellant, v. Mildred BROWN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 15, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellant.

Essen & Essen and Alan T. Lipson, Miami, for appellee.

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


SCHWARTZ, Chief Judge.

The state appeals from a writ of prohibition forbidding the further prosecution of a DUI charge in the county court on speedy trial grounds. See State v. Brown, 527 So.2d 207 (Fla.3d DCA 1987). We reverse because the defendant twice successfully moved for a continuance within the speedy trial period, thus establishing her unavailability for trial at these points in time and effecting a conclusive waiver...

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