JAMES WHEELER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Crews v. State, 183 So. 3d 329 (Fla. 2015)
  …with the policy choice made by the Legislature. The purpose of a statute of limitations is to avoid delays in prosecution that might hamper the defense because evidence has been lost and witnesses have become unavailable. See, e.g., Young v. State, 784 So. 2d 1249, 1251 (Fla. 1st DCA 2001); State v. Hickman, 189 So. 2d 254, 261 (Fla. 2d DCA 1966). Under the common law, there were no time limits on criminal prosecutions. See State v. McCloud, 67 So. 2d 242, 244 (Fla.1953). Statutes of limitation are entirely d…
• State v. Martinez, 790 So. 2d 520 (Fla. 2d DCA 2001)
  …ether the State made a diligent effort to execute the capi-as2 without unreasonable delay because we hold that “other process” sufficient to commence prosecution had occurred by the time Martinez was arraigned on January 7, 1991. See Young v. State, 784 So. 2d 1249 (Fla. 1st DCA 2001). We rejected a somewhat similar argument in Watkins, but there are key distinctions between that case and this one. In Watkins the State contended that Watkins’s prosecution had commenced because he had been arrested and knew cha…

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• State v. White, 794 So. 2d 682 (Fla. 2d DCA 2001)
  …kins, 685 So. 2d 1322 (Fla. 2d DCA 1996). Since the circuit court’s order in this case, we have distinguished Watkins in circumstances very similar to the ones here. See State v. Martinez, 790 So. 2d 520 (Fla. 2d DCA 2001); see also Young v. State, 784 So. 2d 1249 (Fla. 1st DCA 2001). As we explained in Martinez, where the defendant is represented, files a plea and is arraigned, “other process” sufficient to commence prosecution under section 775.15(5) has occurred. Cf. Watkins, 685 So. 2d at 1324-25 (Altenbe…

Authorities Cited

• Norberto DEL RIO v. State, 732 So. 2d 1100 (Fla. 3d DCA 1999)
• Derondeil Tirell Butler v. State, 728 So. 2d 286 (Fla. 3d DCA 1999)