JOSEPH P. FARINA, JUDGE, ETC., PETITIONER,
v.
MIGUEL PEREZ, JR., RESPONDENT
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KOGAN, Justice.
We have for review Perez v. Farina, 630 So. 2d 1165 (Fla. 2d DCA 1993), in which the district court certified the following question as being of great public importance:
Whether the holding of State v. Agee, 622 So. 2d 473 (Fla.1993) 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?
Id. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
The decision under review is consistent with our recent decision in Genden v. Fuller, 648 So. 2d 1183 (Fla.1994), wherein we answered the same question in the affirmative. Accordingly, we approve the decision below.
It is so ordered.
GRIMES, C.J., and HARDING and ANSTEAD, JJ., concur. WELLS, J., dissents with an opinion, in which OVERTON and SHAW, JJ., concur.
WELLS, Justice,
dissenting.
I dissent for the reasons stated in my dissenting opinion in Genden v. Fuller, 639 So. 2d 978 (Fla.1994).
OVERTON and SHAW, JJ., concur.
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Reed v. State, 649 So. 2d 227 (Fla. 1995)…rges before the expiration of the speedy trial time and seek an extensión under the provisions of the speedy trial rule. Our opinions in Dorian v. State, 642 So. 2d 1359 (Fla.1994), Genden v. Fuller, 648 So. 2d 1183 (Fla.1994), and Farina v. Perez, 647 So. 2d 113 (Fla.1994), are consistent with this opinion. We quash the decision below and remand with directions that Reed be discharged. It is so ordered. KOGAN, HARDING and ANSTEAD, JJ., concur. OVERTON, J., dissents with an opinion, in which WELLS, J., co…1 / 2
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Bulgin v. State, 912 So. 2d 307 (Fla. 2005)…information has been filed and even when charges have been dismissed and the defendant released. State v. Williams, 791 So. 2d 1088 (Fla.2001); Reed v. State, 649 So. 2d 227 (Fla.1995); Genden v. Fuller, 648 So. 2d 1183 (Fla.1994); Farina v. Perez, 647 So. 2d 113 (Fla.1994); Dorian v. State, 642 So. 2d 1359 (Fla.1994); State v. Agee, 622 So. 2d 473 (Fla.1993); see also State v. Robbins, 863 So. 2d 168 (Fla.2003); Brown v. State, 715 So. 2d 241 (Fla.1998). I dissented from or concurred in these decisions, cit…
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State v. Gibson, 783 So. 2d 1155 (Fla. 5th DCA 2001)…oon as practicable, thus minimizing the hardships placed upon accused persons awaiting trial.” Id. (quoting Lewis v. State, 357 So. 2d 725, 727 (Fla.1978)). Agee spawned the decisions in Genden v. Fuller, 648 So. 2d 1183 (Fla.1994); Farina v. Perez, 647 So. 2d 113 (Fla.1994); and Dorian v. State, 642 So. 2d 1359 (Fla.1994), which were harbingers to the finale in Reed wherein the court held that once a defendant is arrested and the speedy trial period runs on a particular charge, the defendant must be discharg…
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- State v. Agee, 622 So. 2d 473 (Fla. 1993)
- Genden v. Fuller, 648 So. 2d 1183 (Fla. 1994)
- Perez v. The Honorable Joseph P. Farina, 630 So. 2d 1165 (Fla. 3d DCA 1993)
- State v. Deisroth, 630 So. 2d 1165 (Fla. 2d DCA 1993)