STEPHEN G. BENEKE, APPELLANT,

v.

BARBARA A. BENEKE, APPELLEE

Citator

Cited By

• Lasker v. The Honorable James S. Parker & the Honorable John R. Blue, 513 So. 2d 1374 (Fla. 2d DCA 1987)
  …unsel. Smith v. State, 482 So. 2d 521 (Fla. 2d DCA 1986). There must, however, exist some record to support a finding that counsel did intend a waiver or that he acquiesced in a trial date beyond the speedy trial limit. See, e.g., Saunders v. State, 436 So. 2d 166 (Fla. 2d DCA 1983). A state attorney’s “understanding” that a defense continuance was requested has been deemed to be insufficient evidence of a waiver. Black v. State, 468 So. 2d 457 (Fla. 3d DCA 1985). Analogously, rule 3.191(d)(2), which provides…
• State v. Swint, 464 So. 2d 242 (Fla. 2d DCA 1985)
  …fective waiver. State v. Ansley, 349 So. 2d 837 (Fla. 1st DCA 1977), cert. denied, 369 So. 2d 1220 (Fla.1978). Nor is an off-the-record agreement by defense counsel to a trial date beyond the speedy trial period a valid waiver. In Saunders v. State, 436 So. 2d 166 (Fla. 2d DCA 1983), defense counsel acquiesced to a trial date of January 11, 1982, which was beyond the speedy trial period, after the clerk of the court informed counsel that the trial judge had stated that no more cases would be heard in 1981. Th…
• Cliff Ross Dixon v. State, 901 So. 2d 384 (Fla. 3d DCA 2005)
  …S.Ct. 2182, 33 L.Ed.2d 101 (1972); see State v. Antonietti, 558 So. 2d 192, 193 (Fla. 4th DCA 1990); see also Kelly v. Goldstein, 649 So. 2d 921 (Fla. 4th DCA 1995). The burden to comply with the speedy trial rule is on the State. Saunders v. State, 436 So. 2d 166, 169 (Fla. 2d DCA 1983). After March 4, 2002, the State still had the opportunity to have Dixon brought to trial as the speedy trial period had not run. For some reason, the State did not do so. ' Based on the above facts, we do not find that Dixon…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)