WILLIE CULVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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JOANOS, Judge.
Culver appeals from the trial court’s denial of his motion for post-conviction relief. We affirm.
Appellant alleges that he was not brought to trial within 180 days as required by Rule 3.191, Florida Rules of Criminal Procedure, and that his attorney overlooked this matter. Because of this, he further alleges that he was denied effective assistance of counsel. However, the record shows that the state attorney and appellant’s defense counsel submitted affidavits to the trial court stating that appellant had waived his right to speedy trial in order that polygraph examinations might be taken. The stipulation waiving speedy trial bears a date two days after the 180-day period had run. However, the affidavits submitted by counsel reveal that the date was incorrectly typed in and that the stipulation had occurred prior to the running of the speedy trial period.
AFFIRMED.
McCORD and SHIVERS, JJ., concur.
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Otilio Martin v. State, 449 So. 2d 939 (Fla. 4th DCA 1984)…y supports the trial judge’s recollection, as was the case in Redden v. State, 429 So. 2d 99 (Fla. 2d DCA 1983), nor did the state present the testimony of the attorney who purportedly waived speedy trial on appellant’s behalf, see, Culver v. State, 416 So. 2d 855 (Fla. 1st DCA 1982). We hold that the State failed to present sufficient competent evidence to demonstrate that appellant, either in person or by counsel, waived speedy trial. Therefore, we reverse the trial court’s order denying appellant’s motion…