State v. O'Neal
| Decision Date | 30 April 1965 |
| Docket Number | No. 5300,5300 |
| Citation | 174 So.2d 564 |
| Parties | STATE of Florida, Appellant, v. Knox O'NEAL, Appellee. |
| Court | Florida District Court of Appeals |
John H. Treadwell, III, Asst. State Atty., Arcadia, for appellant.
William Lamar Rose, Fort Myers, and Lewis E. Purvis, Arcadia, for appellee.
The State appeals from an order quashing certain informations. The original information #2231 was filed July 26, 1962, encompassing six different counts of embezzlement during the period from July 27, 1960, to July 12, 1961.
Subsequently, a series of informations, a total of twenty, were filed.
On January 3, 1963, informations #2244, #2245, #2246, and #2247 were filed. These informations incorporated separately counts 4, 2, 5 and 3, respectively, of information #2231. These four informations were quashed with leave to amend and then informations #2276, #2277 and #2278 were filed, which incorporated counts 2, 4, and 3, respectively, of the original information #2231.
The appellee-defendant claims that at this point he asked the State what it was going to do about counts 1, 5, and 6 of the original information, #2231, and the State Attorney announced to the court that it was abandoning these charges. We do not have this part of the record before us, but the order of the lower court quashing informations #2293, #2294, and #2295, recites:
'This cause came on this day to be heard, pursuant to due notice, upon the defendant's Motion to Quash and the Amendment thereto, and the Court having heard argument of counsel and being duly advised in the premises, finds:
'That prosecution under Information No. 2231, upon which Informations Nos. 2293, 2294 and 2295 are alleged by the State to be based, was, prior to the filing of Informations Nos. 2293, 2294 and 2295, abandoned or discontinued by the State, and cannot be the basis of an amended Information after the expiration of the Statute of Limitation; that offenses charged in Informations 2293, 2294 and 2295, having occurred more than two years prior to the filing of said Informations, the same are now barred, and it is thereupon, upon consideration thereof
'ORDERED AND ADJUDGED That the Informations filed against the defendant in the Circuit Court of the Twelfth Judicial Circuit in and for DeSoto County, Florida, in cases Nos. 2293, 2294 and 2295, be, and the same are hereby quashed, and the defendant and the sureties on his appearance bond be, and they are hereby, discharged.
'DONE and...
To continue reading
Request your trial
-
State ex rel. Florida Petroleum Marketers Ass'n, Inc. v. McClure
...within the limitations period, but then abandoned, is no basis for a restored prosecution after the period has run. State v. O'Neal, 174 So.2d 564 (Fla.App.2d, 1965).7 The 1974 legislation, effective July 1, 1975, supra n. 2, so altered the statute of limitations that the analysis of this d......
-
Jess v. State
...So.2d 692 (Fla. 4th DCA 1971) (prior information vitiated by filing of amended information restating alleged offense); State v. O'Neal, 174 So.2d 564 (Fla. 2d DCA 1965) (prosecution under original information formally Since there is ample evidence that Jess in fact committed the misnamed "t......
-
State v. Piehl
...of certiorari to review a decision of the District Court of Appeal, First District, 1 asserted to be in conflict with State v. O'Neal, 174 So.2d 564, 565 (Fla.App.2d 1965), Atlantic Coast Line Railroad Co. v. Baynard, 112 Fla. 544, 151 So. 5 (1933) and Jones v. State, 44 Fla. 74, 32 So. 793......
-
Di Stefano v. Langston
...case where the quashed information failed to ahve the necessary reference to an earlier commencement of the prosecution. State v. O'Neal, 174 So.2d 564 (Fla.App.2d 1965), mentioned in Garcia holds that a subsequent amendment of an earlier information after the running of the two-year statut......