ROBERT M. SPICER, PETITIONER,
v.
HONORABLE J. JEFFERSON OVERBY, CIRCUIT JUDGE, OF THE 16TH JUDICIAL CIRCUIT, IN AND FOR MONROE COUNTY, FLORIDA, RESPONDENT
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Robert Spicer sought a writ of prohibition to prevent trial on charges where the circuit court issued a capias without first filing an information against him. The Florida District Court of Appeal granted the petition, holding that statutory law requires an information to be filed before a capias can be issued.
A capias cannot be issued before an information has been filed. The plain meaning of Florida Statutes sections 775.15(5) and 932.48 requires that an information be filed before a capias may be issued. Therefore, the court lacked authority to issue the capias without a filed information.
[1] A prosecution is commenced when an indictment or information is filed, and a capias issued on such indictment or information is executed without unreasonable delay.
[2] A clerk of the circuit court may issue a capias for a defendant's arrest only upon the filing of an information.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[a] prosecution is commenced when either an indictment or information is filed, provided the capias, ... issued on such indictment or information is executed without unreasonable delay.”
This statute establishes that an information must be filed before a capias can be issued, establishing the jurisdictional requirement at issue.
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Join FLexlaw to unlock all legal intelligenceSpicer was arrested on April 20, 1992, and charged in county court with driving under the influence and related offenses. On June 12, the state filed …
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PER CURIAM.
Robert M. Spicer seeks a writ of prohibition precluding the court from proceeding to trial against him. We grant the petition.
Spicer was arrested on April 20, 1992. In county court, Spicer was charged by information with driving under the influence, driving with a suspended license, and no valid driver’s license. On June 12, the state filed a motion for leave to file an amended information charging Spicer with felony driving under the influence, driving with a suspended license and no valid driv er’s license. The state also filed a motion to transfer the case to circuit court. The court heard the motions on June 24, and granted the motion to transfer. An order of transfer was issued. The trial court did not rule on the motion for leave to amend the information.
The state filed a motion for leave to amend the information in circuit court. Spicer moved to strike the motion and filed a suggestion of lack of jurisdiction. Spicer argued that the court did not have jurisdiction over him because the state had not filed a felony information against him. At the July 14 hearing on the state’s motion, the court suggested that the state file a new information, and set a $50,000 capias bond. On July 15, the state nolle prossed the county court information.
Spicer filed a motion for discharge pursuant to Florida Rule of Criminal Procedure 8.191. The court denied the motion and set the cause for trial. Spicer filed a petition for writ of prohibition.
Section 775.15(5), Florida Statutes (1991) provides that “[a] prosecution is commenced when either an indictment or information is filed, provided the capias, ... issued on such indictment or information is executed without unreasonable delay.” (Emphasis added). Pursuant to section 932.48, Florida Statutes (1991), the clerk of the circuit court may issue a capias for the arrest of a defendant upon the filing of the information. Although no information was filed against Spicer in circuit court, a capias was issued against him. “One of the most fundamental tenets of statutory construction requires that we give statutory language its plain and ordinary meaning_” Green v. State, 604 So. 2d 471, 473 (Fla.1992) (citations omitted). The plain meaning of these statutes does not authorize the issuance of a capias before an information has been filed against the person. No authority supported issuance of the capias. See generally Shapiro v. State, 456 So. 2d 968 (Fla. 2d DCA 1984) (“[A] capias is issued after an indictment or information has been returned, and does not replace or supplant the indictment or information.”). Thus, we grant prohibition and quash the capias without prejudice to the state filing an information.
Prohibition granted; capias quashed.
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Lucas v. State, 718 So. 2d 905 (Fla. 3d DCA 1998)…statute affords the state the option of putting the defendant on notice of the possible charges. “One of the fundamental tenets of statutory construction requires that we give statutory language its plain and ordinary meaning....” Spicer v. Overby, 613 So. 2d 548, 549 (Fla. 3d DCA 1993). The plain meaning of the statute does not provide for “notice” to defendant. “[S]eetion 775.15, provides an express and unambiguous definition of [commencement of prosecution] and it does not include the act of arresting a p…
Authorities Cited
- Green v. State, 604 So. 2d 471 (Fla. 1992)
- Shapiro v. State, 456 So. 2d 968 (Fla. 2d DCA 1984)