WILLIAM FULLER, PETITIONER,
v.
THE HONORABLE MICHAEL A. GENDEN, ETC., RESPONDENT
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Florida appellate court granted prohibition, holding that State v. Agee's speedy trial protections apply equally to voluntary dismissals before an information is filed as to nolle prosse dismissals after an information, rejecting the state's distinction between the two procedural mechanisms.
State v. Agee's speedy trial rule applies to voluntary dismissals taken before an information is filed, not merely to nolle prosse dismissals filed after an information.
[1] State v. …
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The court rejected the state's argument that Agee did not apply because the termination occurred before an information was filed rather than after.
The defendant was arrested and the state voluntarily terminated prosecution by taking a "no action" before filing an information.…
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SCHWARTZ, Chief Judge.
We reject the state’s contention that the holding of State v. Agee, 622 So. 2d 473 (Fla.1993) does not apply because the state voluntarily terminated the prosecution of the defendant after he had been arrested by a so-called “no action” taken before an information was filed, rather than, as in Agee, through a “nolle prosse” filed after an information. In the light of the policy underlying the supreme court’s interpretation of the speedy trial rule, this is a distinction without a legally cognizable difference. See Allied Fidelity Ins. Co. v. State ex rel. Dade County, 408 So. 2d 756 (Fla. 3d DCA 1982). Diaz v. State (Fla. 5th DCA Case no. 92-3022, opinion filed, September 24, 1993) [18 FLW D2080] (majority opinion and Dauksch, J., specially concurring), vacated on rehearing, 627 So. 2d 125 (Fla. 5th DCA 1993), directly so holds. Although our earlier decision of Williams v. Shapiro, 575 So. 2d 1368 (Fla. 3d DCA 1991) is to the contrary, we believe that it has been effectively overruled by Agee. Accordingly, on the authority of Agee, the petition for writ of prohibition is granted.
We certify to the supreme court that this decision involves the following question of great public importance:
Whether the Holding of State v. Agee Applies When the Prosecution Is Terminated by a Voluntary Dismissal Before an Indictment or Information Rather Than a “Nolle Prosse” Filed After an Information or Indictment?
Prohibition granted, question certified.
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Citator
Cited By
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Genden v. Fuller, 648 So. 2d 1183 (Fla. 1994)…KOGAN, Justice. We have for review Fuller v. Genden, 630 So. 2d 1150 (Fla. 3d DCA 1993), in which the Third District Court of Appeal certified the following question as being of great public importance: Whether the holding of State v. Agee applies when the prosecution is terminated by a voluntary dismissal before an…
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State v. Latundra Williams, 791 So. 2d 1088 (Fla. 2001)…mportance: Whether the holding of State v. Agee applies when the prosecution is terminated by a voluntary dismissal before an indictment or information rather than a “nolle prosse” filed after an information or indictment? [*1091] Fuller v. Genden, 630 So. 2d 1150 (Fla. 3d DCA 1993). This Court answered the certified question in Genden in the affirmative. We held that the speedy trial time begins to run when an accused is taken into custody and continues to run when the State voluntarily terminates prosecuti…
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State v. McCULLERS, 932 So. 2d 373 (Fla. 2d DCA 2006)…tate voluntarily terminates a prosecution before an information is filed ... rather than after the defendant has been formally charged, as was done in Agee, ‘is a distinction without a legally cognizable difference.’ ” Id. (quoting Fuller v. Genden, 630 So. 2d 1150, 1150 (Fla. 3d DCA 1993)). The principle applied in Agee and Gen-den was extended by the decision in State v. Williams, 791 So. 2d 1088 (Fla.2001), to circumstances where the State simply failed to file charges during the speedy trial period. The c…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Agee, 622 So. 2d 473 (Fla. 1993)
- Allied Fid. Ins. Co. v. State, 408 So. 2d 756 (Fla. 3d DCA 1982)
- Diaz v. State, 627 So. 2d 125 (Fla. 5th DCA 1993)
- Williams v. The Honorable Sidney B. Shapiro, 575 So. 2d 1368 (Fla. 3d DCA 1991)