RICHARD S. BRYSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Bryson challenged the denial of his motion to dismiss an attempted armed robbery charge based on the statute of limitations. The court affirmed, holding that Florida's extended statute of limitations for crimes solved through DNA analysis applied to his case, permitting prosecution years after the three-year ordinary limitation period.
Yes. The extended statute of limitations in section 775.15(16)(a) applies to Bryson's attempted armed robbery charge. The plain language of the statute permits prosecution at any time after identity is established through DNA analysis, and the Legislature's 2006 extension was constitutionally permissible because it occurred before the original three-year limitation period expired and clearly indicated applicability to pending cases.
[1] A statute extending a limitations period may be applied to cases pending when it becomes effective if the legislature clearly indicates such intent and if the extension o…
[2] The plain language of a statute must be given its ordinary meaning to determine legislative intent.
Previewing 2 of 5 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“prosecution ... may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of [DNA] evidence”
Plain language of section 775.15(16)(a) establishing the extended statute of limitations applicable to Bryson's crime
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Join FLexlaw to unlock all legal intelligenceA masked gunman attempted to rob a Jacksonville convenience store on April 14, 2005, and was shot by the cashier. Bryson presented to an emergency roo…
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Appellant challenges the trial court’s order denying his motion to dismiss, based on the statute of limitations. Appellant asserts that the legislative extension of the statute of limitations in eases involving identification established through DNA analysis does not apply to his offense. We disagree, and affirm.
Facts
A man wearing a mask attempted to rob a Jacksonville convenience store on April 14, 2005. During the attempted robbery, the suspect fired two shots and was shot in the chest by the store’s cashier. About 15 minutes later, Appellant checked into the emergency room for treatment of a gunshot wound to his chest. While at the hospital, the police interviewed Appellant, who said he had been shot accidently at home. Appellant did not make any admissions regarding the crime.
Evidence technicians collected blood samples from the crime scene, which were submitted to the Florida Department of Law Enforcement (FDLE) on April 28, 2005. The next day, law enforcement officers collected DNA samples from Appellant, pursuant to a search warrant. On September 1, 2006, FDLE issued a report finding a match between the DNA from the blood sample from the crime scene and Appellant’s DNA.
On March 11, 2009, Appellant was arrested for attempted armed robbery, based on the DNA match and other evidence.
Before trial, Appellant filed a motion to dismiss based on the statute of limitations, arguing that prosecution was precluded by section 775.15(2)(b), Florida Statutes (2006). At a hearing on the motion, the prosecutor explained that the DNA testing required extensive time to complete because of agency backlogs. The trial court found that the State exercised due diligence in establishing Appellant’s identity through DNA analysis, noting that “they were diligent in the collection of the materials and in the ascertaining of who was alleged to have been ... involved in the shooting.” The trial court then denied Appellant’s motion to dismiss, finding that prosecution was permitted by the plain language of section 775.15(16)(a), Florida Statutes (2006). Appellant reserved his right to appeal, and pled no contest to the charged crime.
Analysis
The standard of review in this case is de novo, because we must interpret the *854applicable statutes of limitations. McBride v. Pratt & Whitney, 909 So.2d 386, 387 (Fla. 1st DCA 2005).
Ordinarily, prosecution for attempted armed robbery must commence within three years of the crime. § 775.15(2)(b), Fla. Stat. However, section 775.15(16)(a) states that for certain crimes, including attempted armed robbery,
prosecution ... may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of [DNA] evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused.
(Emphasis added.)
Appellant argues that prosecution was barred by the three-year limitation imposed under section 775.15(2)(b). Appellant further argues that section 775.15(16)(a) does not apply here because the State had the necessary DNA evidence to arrest and prosecute him as early as September 1, 2006. Appellant contends that section 775.15(16)(a) is intended for situations where the State has DNA evidence from a crime, but no way to link that evidence to a particular person, unlike this case.
Legislative intent is the polestar that guides a court’s statutory construction analysis. Knowles v. Beverly Enters.-Fla., 898 So.2d 1, 5 (Fla.2004). To determine that intent, a statute must be given its plain and obvious meaning. Id. If statutory language is clear, unambiguous, and conveys a definite meaning, there is no reason to resort to the rules of statutory interpretation. Id.
The plain language of section 775.15(16)(a) states that prosecution for attempted armed robbery “may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence.... ” (Emphasis added.) Thus, the plain language of this statute provides that Appellant could have been prosecuted at any time after September 1, 2006, when FDLE established a close link between Appellant’s DNA and that of the blood sample taken from the crime scene.
Appellant further argues that even if section 775.15(16)(a) were to apply on its face, it cannot apply here because the law went into effect on July 1, 2006, after the commission of the attempted robbery in 2005. Generally, the controlling statute of limitations is that which is in effect when a crime is committed. State ex rel. Manucy v. Wadsworth, 293 So.2d 345, 347 (Fla.1974) (“To hold otherwise might be to create a situation which is clearly unconstitutional” because of ex post facto application). However, “[t]he legislature can extend the limitations period without violating the constitutional prohibition against ex post facto laws if it (a) does so before prosecution is barred by the old statute, and (b) clearly indicates that the new statute is to apply to cases pending when it becomes effective.” Andrews v. State, 392 So.2d 270, 271 (Fla. 2d DCA 1980); see U.S. v. Richardson, 512 F.2d 105, 106 (3d Cir.1975); see also Scharfschwerdt v. Kanarek, 553 So.2d 218 (Fla. 4th DCA 1989).
The crime in this case occurred in April 2005. In 2006, the Legislature added section 775.15(16)(a), which extended the statute of limitations applicable to Appellant’s crime. See 2006-266, § 1, Laws of Fla. The Legislature’s action was constitutionally permissible as applied to Appellant, because in 2006 Appellant could have been prosecuted under the statute of limitations in effect in 2005. Reino v. State, 352 So.2d *855853, 861 (Fla.1977) (holding that legislature could have retroactively extended statute of limitations applicable to murder offenses without violating ex post facto prohibition, but failed to act while previous statute allowed prosecution). Section 775.15(16)(a) came into effect in July 2006, less than three years after Appellant’s crime, when prosecution was not barred by section 775.15(2)(b). Additionally, section 775.15(16)(b) clearly indicates it “applies to any offense that is not otherwise barred from prosecution on or after July, 1, 2006.”
Appellant correctly asserts that the trial court erred in its reference to the defendant’s purported requirement to show prejudice, which does not apply here. However, we read the court’s comments as primarily addressing whether any due process interests were implicated. Regardless, the statute expanding the limitation period applies here, and Appellant’s prosecution was permissible.
For the aforementioned reasons, Appellant’s prosecution was not barred by the applicable statutes of limitations. We AFFIRM the trial court’s denial of Appellant’s motion to dismiss.
PADOVANO and CLARK, JJ., concur.
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Citator
Cited By (12 total)
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State v. Earvin Smith, 241 So. 3d 53 (Fla. 2018)…effective date of the amendment. Smith , 211 So. 3d at 192 n.21 (Emas, J., concurring) (citing ch. 2006-266, § 1, Laws of Fla., codified at § 775.15(16)(a), Fla. Stat. (2006) ; Lawson v. State , 51 So. 3d 1287 (Fla. 2d DCA 2011) ; Bryson v. State , 42 So. 3d 852 (Fla. 1st DCA 2010) ). Sochor v. State , 619 So. 2d 285, 290 (Fla. 1993) (noting that the statute of limitations "is a defensive matter that must be raised at trial"); State v. Sturdivan , 419 So. 2d 300, 302 (Fla. 1982) (recognizing that "a defend…
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Earvin Smith v. State, 211 So. 3d 176 (Fla. 3d DCA 2016)…ble to the instant burglary charge, as the prosecution for that offense would have already been barred by the statute of limitations at the time the amendment became effective. See Lawson v. State, 51 So. 3d 1287 (Fla. 2d DCA 2011); Bryson v. State, 42 So. 3d 852 (Fla. 1st DCA 2010). . It is noteworthy that the United States Supreme Court recently held that the statute of limitations is ordinarily not jurisdictional, and that it will not be treated as such unless Congress has “clearly stated” that it is. Mu…
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Goings v. State, 76 So. 3d 975 (Fla. 1st DCA 2011)…. 5. . "[T]he limitations period in effect at the time of the incident giving rise to the criminal charges controls the time within which prosecution must be begun.” Perez v. State, 545 So. 2d 1357, 1358 (Fla.1989). See also Bryson [*977] v. State, 42 So. 3d 852, 854 (Fla. 1st DCA 2010) ("Generally, the controlling statute of limitations is that which is in effect when a crime is committed.” (citing State ex rel. Manucy v. Wadsworth, 293 So. 2d 345, 347 (Fla. 1974))); Torgerson v. State, 964 So. 2d 178, 179…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knowles v. Beverly Enterprises-Florida, Inc., 898 So. 2d 1 (Fla. 2004)
- State of Fla. ex rel. Arthur Eugene Manucy v. The Honorable W. L. Wadsworth, 293 So. 2d 345 (Fla. 1974)
- Renaldo Reino, Sr. v. The State of Fla. & the Honorable Gerald T. Wetherington, 352 So. 2d 853 (Fla. 1977)
- United States v. Richardson, 512 F.2d 105 (3d Cir. 1975)
- McBRIDE v. Pratt & Whitney & Ace USA, 909 So. 2d 386 (Fla. 1st DCA 2005)
- Scharfschwerdt v. The Honorable Paul A. Kanarek, 553 So. 2d 218 (Fla. 4th DCA 1989)
- Andrews v. State, 392 So. 2d 270 (Fla. 2d DCA 1980)