STEVEN BERNTSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Petitioner seeks review of an order that denied his motion to dismiss the information. We grant the petition as the state did not demonstrate that the delay in executing the capias was reasonable or that the statute of limitations was otherwise tolled. See s. 775.15(5)(b) & (6), Fla. Stat.; State v. Mack, 637 So. 2d 18 (Fla. 4th DCA 1994); State v. Picklesimer, 606 So. 2d 473, 475-76 (Fla. 4th DCA 1992), rev. denied, 618 So. 2d 210 (1993).
While Petitioner admitted using false names because he knew a warrant was issued for his arrest, the state never attempted to prove that any agency had taken any steps to locate petitioner even though the Department of Corrections knew of petitioner’s aliases. Thus, the state cannot rely on petitioner’s use of false names to toll the statute of limitations where it never searched for the petitioner using any of his aliases.
WARNER, FARMER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Goings v. State, 76 So. 3d 975 (Fla. 1st DCA 2011)…phasis supplied). See Kidd v. State, 985 So. 2d 1180,1181 (Fla. 4th DCA 2008) (“The state has the burden of proving that prosecution is not barred by the statute of limitations. Cunnell v. State, 920 So. 2d 810 (Fla. 2d DCA 2006); Berntson v. State, 804 So. 2d 406 (Fla. 4th DCA 2001); Neal v. State, 697 So. 2d 903 (Fla. 2d DCA 1997); State v. Picklesimer, 606 So. 2d 473 (Fla. 4th DCA 1992).”); Brown v. State, 674 So. 2d 738, 740 (Fla. 2d DCA 1995). Mr. Goings argues that the state did not conduct a diligent s…
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Kidd v. State, 985 So. 2d 1180 (Fla. 4th DCA 2008)…se, is not the equivalent of the process contemplated by section 775.15(5).”). The state has the burden of proving that prosecution is not barred by the statute of limitations. Cunnell v. State, 920 So. 2d 810 (Fla. 2d DCA 2006); Berntson v. State, 804 So. 2d 406 (Fla. 4th DCA 2001); Neal v. State, 697 So. 2d 903 (Fla. 2d DCA 1997); State v. Picklesimer, 606 So. 2d 473 (Fla. 4th DCA 1992). The state did not have an opportunity to respond to the motion below. Accordingly, the circuit court’s order is quashe…
Authorities Cited
- State v. Mack, 637 So. 2d 18 (Fla. 4th DCA 1994)
- State v. Burt Picklesimer, 606 So. 2d 473 (Fla. 4th DCA 1992)