State v. Guerra
| Decision Date | 23 March 1971 |
| Docket Number | No. 70-887,70-887 |
| Citation | 245 So.2d 889 |
| Parties | The STATE of Florida, Appellant, v. Rene GUERRA and John Jarrell, Appellees. |
| Court | Florida District Court of Appeals |
Robert L. Shevin, Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellant.
Max B. Kogen, Miami, for appellees.
Before PEARSON, C. J., and HENDRY and SWANN, JJ.
This appeal is by the State of Florida from a judgment dismissing a second information upon the ground that the prosecution was barred by the statute of limitations, see F.S. § 932.05, F.S.A. The record reveals clearly that the crime, if committed, occurred in September of 1966; that the first information which was filed in September of 1968 (two days before the expiration of the statute) was dismissed upon the State's motion for a nolle prosequi, solely because the State was not ready to proceed with trial. Under these circumstances, the second information which was filed in February of 1970, was beyond the period provided by the statute. Cf. Mead v. State, Fla.1958, 101 So.2d 373; Pena v. Schultz, Fla.1971, 245 So.2d 49 (released Feb. 24, 1971); State ex rel. Bird v. Stedman, Fla.App.1969, 223 So.2d 85.
Affirmed.
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McBride v. Pratt & Whitney
...v. State, 532 So.2d 1298, 1301 (Fla. 2d DCA 1988); State ex rel. Ball v. Goodman, 249 So.2d 481 (Fla. 3d DCA 1971); State v. Guerra, 245 So.2d 889 (Fla. 3d DCA 1971); State v. Garcia, 245 So.2d 293 (Fla. 3d DCA We have previously inferred that this rule applies in workers' compensation case......
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Geiger v. State, 87-133
...on the same charge after the statute of limitations has run. State v. Garcia, 245 So.2d 293 (Fla. 3d DCA 1971); State v. Guerra, 245 So.2d 889 (Fla. 3d DCA 1971). Under the facts of this case, however, the state need not file new informations, because we are directing that the original info......
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State ex rel. Ball v. Goodman, 71--477
...why prohibition should not issue. Accordingly, we grant judgment in prohibition in favor of the relator, on authority of State v. Guerra, Fla.App.1971, 245 So.2d 889; and State v. Garcia, Fla.App.1971, 245 So.2d 293. We assume that in view of our holding in this matter it will not become ne......
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