Berntson v. State

District Court of Appeal of Florida

Berntson v. State

804 So. 2d 406, 2001 Fla. App. LEXIS 14176, 2001 WL 1190866

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 2001

DocketNo. 4D01-3288

StatusPublished

Cited by2 cases

This text of 804 So. 2d 406 (Berntson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Berntson v. State, 804 So. 2d 406, 2001 Fla. App. LEXIS 14176, 2001 WL 1190866 (Fla. Ct. App. 2001).

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Opinion

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.

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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.

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804 So. 2d 406, 2001 Fla. App. LEXIS 14176, 2001 WL 1190866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berntson-v-state-fladistctapp-2001.

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