THE STATE OF FLORIDA, PETITIONER,
v.
J.B. SPENCE, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The State of Florida sought certiorari review of two pretrial orders excluding evidence of other crimes and battered spouse syndrome expert testimony in an aggravated battery case. The court denied the petitions as moot because the State had entered a nolle prosequi on the original information and refiled a new charging document, rendering the challenged orders legally ineffective.
The petitions for certiorari are denied as moot. Because the State's nolle prosequi was self-executing and effectively nullified the original case, and because a new and separate information was subsequently refiled, the April 25, 1995 rulings have no carryover effect and cannot be reviewed on certiorari without issuing an advisory opinion.
[1] A nolle prosequi, being self-executing, effectively nullifies a case and terminates the proceeding.
[2] Appellate courts will not issue advisory opinions or review rulings from a terminated case that has no practical effect on a subsequent, separate case.
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“Upon the state's announcement of a nol pros of the information, which was self-executing, the case was effectively nullified and the proceeding terminated.”
Establishes that entry of nolle prosequi terminates the original case and makes review of its orders moot
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDefendant Spence was charged with aggravated battery in September 1994. The trial court held multiple hearings regarding the State's intent to introdu…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Similar Fact Evidence cases and more on FLexlaw
PER CURIAM.
In these consolidated petitions for common law certiorari, the state seeks to quash two pretrial orders entered by the trial court, one excluding evidence of other crimes, wrongs, or acts, under Williams v. State, 110 So. 2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959), and the second excluding expert testimony of battered spouse syndrome. We have jurisdiction. State v. Pettis, 520 So. 2d 250 (Fla.1988).
The defendant was taken into custody on September 17, 1994, and subsequently charged with aggravated battery in violation of section 784.05, Florida Statutes (1993). Thereafter, he waived his right to be tried within the speedy trial period. At a hearing on March 10, 1995, a discussion ensued regarding the state’s intention to have an expert testify on the issue of battered spouse syndrome. The trial judge presiding over the matter stated that he was probably not going to permit the witness to testify unless the expert had evaluated a key witness in the case. Nonetheless, on April 25, 1995, the state filed a motion to admit the expert’s testimony. A written order excluding the testimony was rendered the same day.
During this same period, on March 21, 1995, the state filed a supplemental notice of intent to rely on similar fact evidence. Williams, 110 So. 2d at 654. The defendant filed a motion to exclude and the matter was heard by the trial court on March 21, 1995. Subsequently, the state filed a statement of particulars outlining previous incidents of similar fact evidence it intended to introduce at trial. The defendant filed a motion to strike. On April 13, 1995, the collateral evidence outlined in the bill of particulars was argued to the court. The court allowed evidence only as to several of the listed incidents. On the morning of the trial, April 25, 1995, the trial court entered a written order embodying its previous ruling on this evidence. The state then moved ore tenus for a continuance which was denied, following which, and crucial to our determination, the state nol prossed the information.
Several weeks later, on May 18, 1995, the state refiled a new information against the defendant. Thereafter, on May 24, 1995, it filed the separate applications for common law certiorari here challenging the entry of each of the two orders outlined above. It is clear that upon the May 18,1995 refiling of a separate information, the same crime was alleged. The April 25, 1995 rulings challenged here have no carryover effect upon the new information. State v. Vazquez, 450 So. 2d 203 (Fla.1984). Even though the new case may constitute an identical allegation, it nonetheless constitutes a separate case and we cannot reach back and rule and determine the validity of orders entered in a previous case that is no longer in existence.
Upon the state’s announcement of a nol pros of the information, which was self-executing, the case was effectively nullified and the proceeding terminated. See Y.S. v. State, 620 So. 2d 245, 246 (Fla. 3d DCA 1993). Consequently, the attempt to have this court review the two April 25, 1995 rulings on certiorari here, is the request for a futile act. Our announcement can have no practical effect or alter the outcome of those earlier determinations and we do not issue advisory opinions. The filing of the nolle pros by the state may have awesome consequences which should be contemplated before such action is taken. Should the state desire to procure rulings upon the matters at issue, it should bring those matters up for hearing, determination, and written order. We have prepared this opinion to point out the pitfall in the course of action taken by the state in the instant case.
Accordingly, on the analysis outlined above, the consolidated petitions for common law certiorari are denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sadler v. State, 949 So. 2d 303 (Fla. 5th DCA 2007)…ate’s filing of an “amended informa [*306] tion” after the jury was sworn. As the State now knows, “[t]he filing of [a] nolle pros by the State may have awesome consequences which should be contemplated before such action is taken.” State v. Spence, 658 So. 2d 660, 661 (Fla. 3d DCA 1995). For the foregoing reasons, we reverse the convictions and remand for a new trial. We find no merit in the remaining issues raised. REVERSED AND REMANDED. THOMPSON and TORPY, JJ., concur. . It is noted that the State may…
-
State v. Aguilar, 987 So. 2d 1233 (Fla. 5th DCA 2008)…s a nullity.” Sadler v. State, 949 So. 2d 303, 305 (Fla. 5th DCA 2007). See also State v. Braden, 375 So. 2d 49, 50 (Fla. 2d DCA 1979). Moreover, it is self-executing upon its announcement, and immediately terminates the proceeding. State v. Spence, 658 So. 2d 660, 661 (Fla. 3d DCA 1995). No approval of the trial court is required. Accordingly, the actions taken by the trial court after the announcement of the nolle prosequi, including the granting of the motion to suppress in the present case, were most cert…
-
State v. Hurd, 739 So. 2d 1226 (Fla. 2d DCA 1999)…nt to a dismissal. We do not address this argument because the State’s announcement of a nolle prosse of the first information terminated that proceeding. Consequently, we cannot review the denial of the motion for continuance., See State v. Spence, 658 So. 2d 660, 661 (Fla. 3d DCA 1995) (“[W]e cannot reach back and rule and determine the [*1228] validity of orders entered in a previous case that is no longer in existence”). We begin our analysis of the trial court’s dismissal of the second information with…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- State v. Pettis, 520 So. 2d 250 (Fla. 1988)
- Williams v. Florida, 361 U.S. 847 (U.S. 1959)
- White v. Illinois, 361 U.S. 847 (U.S. 1959)
- State v. Vazquez, 450 So. 2d 203 (Fla. 1984)
- Y.S. v. State, 620 So. 2d 245 (Fla. 3d DCA 1993)