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RIVAS v. OPPENBORN

No. 92-80.

605 So.2d 516 (1992)

Luis C. RIVAS, Petitioner, v. Honorable Henry L. OPPENBORN, Jr., Respondent.

District Court of Appeal of Florida, Third District.

September 8, 1992.

Attorney(s) appearing for the Case

Miguel A. Suarez, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen. and Joan L. Greenberg, Asst. Atty. Gen., for respondent.

Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.

SCHWARTZ, Chief Judge.

In our view, defense counsel did nothing more than silently fail to object to the setting of the trial date beyond the speedy trial time.1 It is, however, the law that

[m]ere silence of the defendant or defense counsel at the proceeding wherein defendant's trial date is set beyond the speedy trial period is not an effective waiver. State v. Ansley, 349 So.2d 837

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