Fuller v. Genden, 93-2219
| Decision Date | 30 November 1993 |
| Docket Number | No. 93-2219,93-2219 |
| Citation | 630 So.2d 1150 |
| Parties | 18 Fla. L. Weekly D2516 William FULLER, Petitioner, v. The Honorable Michael A. GENDEN, etc., Respondent. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for petitioner.
Robert A. Butterworth, Atty. Gen. and Katherine Fernandez Rundle, State Atty., and Lisa Berlow-Lehner, Asst. State Atty., for respondent.
Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.
We reject the state's contention that the holding of State v. Agee, 622 So.2d 473 (Fla.1993 does not apply because the state voluntarily terminated the prosecution of the defendant after he had been arrested by a so-called "no action" taken before an information was filed, rather than, as in Agee, through a "nolle prosse" filed after an information. In the light of the policy underlying the supreme court's interpretation of the speedy trial rule, this is a distinction without a legally cognizable difference. See Allied Fidelity Ins. Co. v. State ex rel. Dade County, 408 So.2d 756 (Fla. 3d DCA 1982. Diaz v. State (Fla. 5th DCA Case no. 92-3022, opinion filed, September 24, 1993 [18 FLW D2080] (majority opinion and Dauksch, J., specially concurring, vacated on rehearing, 627 So.2d 125 (Fla. 5th DCA 1993, directly so holds. Although our earlier decision of Williams v. Shapiro, 575 So.2d 1368 (Fla. 3d DCA 1991 is to the contrary, we believe that it has been effectively overruled by Agee. Accordingly, on the authority of Agee, the petition for writ of prohibition is granted.
We certify to the supreme court that this decision involves the following question of great public importance:
Whether the Holding of State v. Agee Applies When the Prosecution Is Terminated by a Voluntary Dismissal Before an Indictment or Information Rather Than a "Nolle Prosse" Filed After an Information or Indictment?
Prohibition granted, question certified.
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Villavicencio v. State, 97-2526
...only to a nolle pros. The first reported decision extending Agee to a "no action" was this court's decision in Fuller v. Genden, 630 So.2d 1150 (Fla. 3d DCA 1993), approved, 648 So.2d 1183 (Fla.1994), which was not announced until after defendant's trial was over. We have not overlooked tri......
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State v. McCullers, 2D04-753.
...formally charged, as was done in Agee, `is a distinction without a legally cognizable difference.'" Id. (quoting Fuller v. Genden, 630 So.2d 1150, 1150 (Fla. 3d DCA 1993)). The principle applied in Agee and Genden was extended by the decision in State v. Williams, 791 So.2d 1088 (Fla.2001),......
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State v. Telucien
...and the situation in Genden where the state terminated prosecution before filing an information. Id. (citing Fuller v. Genden , 630 So.2d 1150, 1150 (Fla. 3d DCA 1993) ).The underlying principle in Agee and Genden was further extended by the Florida Supreme Court in State v. Williams , 791 ......
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State v. Dilger, 94-867
...We affirm based upon State v. Agee, 622 So.2d 473 (Fla.1993); Garrett v. State, 640 So.2d 1196 (Fla. 3d DCA 1994); Fuller v. Genden, 630 So.2d 1150 (Fla. 3d DCA 1993), rev. granted, 639 So.2d 978 (table) (Fla.1994); and Perez v. Farina, 630 So.2d 1165 (Fla. 3d DCA 1993), rev. granted, 639 S......