L.C., A JUVENILE, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
On December 19, 1999, the trial court granted the respondent’s motion to suppress; the State then announced a nolle prosse of the action. On December 22, 1999, the State filed a motion for rehearing. The trial court took the motion under advisement, but expressed some doubt as to whether it still had jurisdiction over the matter. The respondent seeks a writ of prohibition from this court to prevent the trial court from proceeding.
The State now agrees that once it announced a nolle prosse, no charges remained pending and the trial court was divested of jurisdiction. See State v. Braden, 375 So. 2d 49, 50 (Fla. 2d DCA 1979)(“As a general proposition, everything which occurs in a proceeding subsequent to the fifing of a nolle prosse by the state is a nullity.”).
We find it unnecessary to issue the formal writ.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sadler v. State, 949 So. 2d 303 (Fla. 5th DCA 2007)…he state is a nullity.”). In the absence of an indictment or information formally charging Mr. Sadler with a crime at the time the jury was sworn and empanelled, the trial court had no jurisdiction to try Sadler on these charges. See L.C. v. State, 750 So. 2d 160, 161 (Fla. 3d DCA 2000); see also R.J.; Braden; Childers. As the second district court explained in Caves v. State, 303 So. 2d 658, 659 (Fla. 2d DCA 1974), “[a] criminal prosecution presupposes the existence of a valid accusation charging a crime ag…
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Higgins v. State, 799 So. 2d 344 (Fla. 2d DCA 2001)…that the charges were nol-prossed. Instead, the trial court determined that this claim was untimely. If these charges were nol-prossed, the sentencing court was without jurisdiction to sentence Higgins to prison on these charges. See L.C. v. State, 750 So. 2d 160 (Fla. 3d DCA 2000). This information should be available in the record; this claim must be addressed on its merits. In addition, if Higgins’ original probation was not the result of a negotiated plea, it was illegal for the court to sentence Higgin…
Authorities Cited
- State v. Braden, 375 So. 2d 49 (Fla. 2d DCA 1979)