State v. Dilger

District Court of Appeal of Florida

State v. Dilger

643 So. 2d 91, 1994 Fla. App. LEXIS 9507, 1994 WL 534997

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 1994

DocketNo. 94-867

StatusPublished

This text of 643 So. 2d 91 (State v. Dilger) 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.

Bluebook

State v. Dilger, 643 So. 2d 91, 1994 Fla. App. LEXIS 9507, 1994 WL 534997 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

The State appeals from an order discharging defendant based upon the expiration of the speedy trial period. We affirm based upon State v. Agee, 622 So.2d 473 (Fla.1993); Garrett v. State, 640 So.2d 1196 (Fla. 3d DCA 1994); Fuller v. Genden, 630 So.2d 1150 (Fla. 3d DCA 1993), rev. granted, 639 So.2d 978 (table) (Fla.1994); and Perez v. Farina, 630 So.2d 1165 (Fla. 3d DCA 1993), rev. granted, 639 So.2d 977 (table) (Fla.1994). As we did in Garrett, Fuller, and Perez, we certify to the Florida Supreme Court the following question of great public importance:

Whether the holding of State v. Agee applies when the prosecution is terminated by a voluntary dismissal before an indictment or information rather than a “nolle [92]*92prosse” filed after an information or indictment?

Affirmed; question certified.

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PER CURIAM.

The State appeals from an order discharging defendant based upon the expiration of the speedy trial period. We affirm based upon State v. Agee, 622 So.2d 473 (Fla.1993); Garrett v. State, 640 So.2d 1196 (Fla. 3d DCA 1994); Fuller v. Genden, 630 So.2d 1150 (Fla. 3d DCA 1993), rev. granted, 639 So.2d 978 (table) (Fla.1994); and Perez v. Farina, 630 So.2d 1165 (Fla. 3d DCA 1993), rev. granted, 639 So.2d 977 (table) (Fla.1994). As we did in Garrett, Fuller, and Perez, we certify to the Florida Supreme Court the following question of great public importance:

Whether the holding of State v. Agee applies when the prosecution is terminated by a voluntary dismissal before an indictment or information rather than a “nolle [92]*92prosse” filed after an information or indictment?

Affirmed; question certified.

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Bluebook (online)

643 So. 2d 91, 1994 Fla. App. LEXIS 9507, 1994 WL 534997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dilger-fladistctapp-1994.

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