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Reyes v. State

District Court of Appeal of Florida, Third District
Dec 26, 1989
554 So. 2d 625 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-869.

December 26, 1989.

Appeal from the Circuit Court, Dade County, Fred Moreno, J.

Robert H. Dolman, Ft. Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

Before NESBITT, COPE and GERSTEN, JJ.


Opinion on Rehearing


We grant appellant's motion for rehearing, withdraw our opinion dated September 26, 1989, and substitute for it the following opinion on rehearing:

Appellant entered a negotiated plea of nolo contendere with reservation of the right to appeal denial of his motion to dismiss on statute of limitations grounds. Because the identical issue was the subject of an earlier petition for writ of prohibition which this court denied, the denial is deemed to be a ruling on the merits. Obanion v. State, 496 So.2d 977, 980 (Fla. 3d DCA 1986), review denied, 504 So.2d 768 (Fla. 1987). Even if Obanion were not controlling, the briefing of the petition for writ of prohibition was directed to the merits and not to any procedural deficiency. Under either analysis, we conclude that an earlier panel of this court has passed on the merits of defendant's statute of limitations defense, see generally Rubin v. State, 390 So.2d 322 (Fla. 1980); State v. Garofalo, 453 So.2d 905 (Fla. 4th DCA 1984), and the issue may not now be revisited.

Affirmed.


Summaries of

Reyes v. State

District Court of Appeal of Florida, Third District
Dec 26, 1989
554 So. 2d 625 (Fla. Dist. Ct. App. 1989)
Case details for

Reyes v. State

Case Details

Full title:FRANK REYES, JR., APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 26, 1989

Citations

554 So. 2d 625 (Fla. Dist. Ct. App. 1989)

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