STATE OF FLORIDA, APPELLANT,
v.
PAULA OCHRAN, APPELLEE
Explore caselaw by topic → Browse Tactical Advantage cases and more on FLexlaw
PER CURIAM.
The appealed order dismissed the information filed against Ochran for prearrest delay because approximately 16 months intervened between the time of the alleged offense and Ochran’s arrest.
Our survey of the record reflects that Ochran has not suffered actual prejudice on account of the delay. Moreover, there is no evidence that the delay was intentionally caused by the State in order to gain a tactical advantage. Finding no other basis to support the trial court decision we reverse and remand with instructions to reinstate the information upon authority of U.S. v. McGough, 510 F. 2d 598 (5th Cir. 1975); U.S. v. Avalos, 541 F. 2d 1100 (5th Cir.1976); State v. Newman, 367 So. 2d 251 (Fla. 4th DCA 1971) and Howell v. State, 418 So. 2d 1164 (Fla. 1st DCA 1982).
Reversed and remanded with instructions.
LETTS, C.J., HERSEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Noon v. State, 480 So. 2d 668 (Fla. 4th DCA 1985)…in its discretion, and shall upon good cause, at any time before a sentence, permit a guilty plea to be withdrawn. We believe good cause was shown here requiring the trial court to allow withdrawal of the plea. As in the case of Waseleski v. State, 429 So. 2d 77 (Fla. 4th DCA 1983), there was some evidence that the state’s conduct was dilatory and helped to prevent Noon from fulfilling his part of the bargain. Furthermore, Noon was requested to become an informant with regard to crimes as yet undetected and…
-
State v. Mansuel Lee Union, 469 So. 2d 840 (Fla. 2d DCA 1985)…umptively prejudicial. However, Union has failed to show that he has suffered actual prejudice because of the delay. See Barber v. State, 438 So. 2d 976, 978 (Fla. 3d DCA 1983), petition for review denied, 447 So. 2d 885 (Fla.1984); State v. Ochran, 429 So. 2d 77 [*842] (Fla. 4th DCA 1983). The unsworn motion to dismiss did not allege why actual prejudice resulted, and the trial judge did not make a specific finding of actual prejudice. Speculative allegations as to failed memories do not prove actual preju…
-
Barber v. State, 438 So. 2d 976 (Fla. 3d DCA 1983)…the argument of appellant’s counsel which merely amplified the allegations of the unsworn motion. On the record before it the trial court correctly determined that actual prejudice was not proven by competent, substantial evidence. State v. Ochran, 429 So. 2d 77 (Fla. 4th DCA 1983); State v. Newman, 367 So. 2d 251 (Fla. 4th DCA 1979). Affirmed. . It is insufficient to merely generally allege loss of witnesses and failure of memories resulting from pre-arrest delay. United States v. Avalos, 541 F. 2d 1100,…
Authorities Cited
- United States v. Avalos, 541 F.2d 1100 (5th Cir. 1976)
- Howell v. State, 418 So. 2d 1164 (Fla. 1st DCA 1982)
- United States v. Erle W. McGOUGH, 510 F.2d 598 (5th Cir. 1975)
- United States v. Alvaro Gamboa-Cano, 510 F.2d 598 (5th Cir. 1975)
- Rivers v. Phillips, 367 So. 2d 251 (Fla. 3d DCA 1979)