SCOTT V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 VARIAN V. SCOTT, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. ** ** CASE NO. 3D03-1044 LOWER TRIBUNAL NO. 01-36222C Opinion filed February 25, 2004. An appeal from the Circuit Court for Miami-Dade County, Bertila Soto, Judge. Varian V. Scott, in proper person. Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee. Before COPE, SHEVIN and RAMIREZ, JJ. PER CURIAM. Varian V. Scott appeals an order denying his motion for discharge under the speedy trial rule. We treat the appeal as a petition for writ of prohibition and deny it on the merits. The subsequent plea bargain entered into by defendant-appellant Scott waived his claim of a violation of the speedy trial rule. State, 286 So. 2d 34 (Fla. 3d DCA 1973). Monge v. We need not reach the alternative argument that defense counsel had obtained continuances which waived the speedy trial period in any event. Affirmed. 2

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