THE STATE OF FLORIDA, APPELLANT,
v.
ANTHONY WALTER CAPPETTA, APPELLEE
Explore caselaw by topic → Browse Speedy Trial Right cases and more on FLexlaw
PER CURIAM.
The order under review which dismisses the state’s new information filed subsequent to, and in purported compliance with, our decision reversing the defendant’s prior conviction in this cause, Cappetta v. State, 380 So. 2d 1303 (Fla. 3d DCA 1980), is reversed and the cause is remanded to the trial court for further proceedings upon a holding that: (a) the said information was not barred by double jeopardy because the defendant’s prior successful appeal in this cause waived any subsequent claim of double jeopardy against the filing of the new information herein, Bryan v. United States, 338 U.S. 552, 70 S.Ct. 317, 94 L.Ed. 335 (1950); United States v. Ball, 163 U.S. 662, 16 S.Ct. 1192, 41 L.Ed. 300 (1896); State ex rel. Cacciatore v. Drumbright, 116 Fla. 496, 156 So. 721, 725 (1934); and (b) the said information was not barred by a speedy trial claim as the state was not obliged to obtain an extension of the speedy trial limits set by Fla.R.Crim.P. 3.191, pending the defendant’s prior appeal in this cause, and said time limits were in no way running during the pendency of said appeal. See Fla.R.Crim.P. 3.191(d)(2), (g).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alba v. State, 541 So. 2d 747 (Fla. 3d DCA 1989)…cures the error committed by the erroneous pre-trial denial of that motion and allows for such further proceedings as may be appropriate, including the filing of a proper Information by the State, if the State elects to do so. See State v. Cappetta, 395 So. 2d 283 (Fla. 3d DCA 1981). Accordingly, we reverse Alba’s convictions and remand this case with directions to the trial court to grant Alba’s previously filed (through the adoption of his co-defendant’s motion) Motion to Dismiss. Reversed and remanded wi…
Authorities Cited
- United States v. Ball, 163 U.S. 662 (U.S. 1896)
- Bryan v. United States, 338 U.S. 552 (U.S. 1950)
- State ex rel. Joe Cacciatore v. Drumbright, 116 Fla. 496 (Fla. 1934)
- Cappetta v. State, 380 So. 2d 1303 (Fla. 3d DCA 1980)