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State v. Guerra

District Court of Appeal of Florida, Third District
Mar 23, 1971
245 So. 2d 889 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-887.

March 23, 1971.

Appeal from the Criminal Court of Record, Dade County, Carling Stedman, J.

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.


Summaries of

State v. Guerra

District Court of Appeal of Florida, Third District
Mar 23, 1971
245 So. 2d 889 (Fla. Dist. Ct. App. 1971)
Case details for

State v. Guerra

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. RENE GUERRA AND JOHN JARRELL, APPELLEES

Court:District Court of Appeal of Florida, Third District

Date published: Mar 23, 1971

Citations

245 So. 2d 889 (Fla. Dist. Ct. App. 1971)

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