State v. Ochran

District Court of Appeal of Florida

State v. Ochran

429 So. 2d 77, 1983 Fla. App. LEXIS 28962

CourtDistrict Court of Appeal of Florida

DecidedApril 6, 1983

DocketNo. 82-829

StatusPublished

Cited by3 cases

This text of 429 So. 2d 77 (State v. Ochran) 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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State v. Ochran, 429 So. 2d 77, 1983 Fla. App. LEXIS 28962 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The appealed order dismissed the information filed against Ochran for prearrest delay because approximately 16 months intervened between the time of the alleged offense and Ochran’s arrest.

Our survey of the record reflects that Ochran has not suffered actual prejudice on account of the delay. Moreover, there is no evidence that the delay was intentionally caused by the State in order to gain a tactical advantage. Finding no other basis to support the trial court decision we reverse and remand with instructions to reinstate the information upon authority of U.S. v. McGough, 510 F.2d 598 (5th Cir. 1975); U.S. v. Avalos, 541 F.2d 1100 (5th Cir.1976); State v. Newman, 367 So.2d 251 (Fla. 4th DCA 1971) and Howell v. State, 418 So.2d 1164 (Fla. 1st DCA 1982).

Reversed and remanded with instructions.

LETTS, C.J., HERSEY and WALDEN, JJ., concur.

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PER CURIAM.

The appealed order dismissed the information filed against Ochran for prearrest delay because approximately 16 months intervened between the time of the alleged offense and Ochran’s arrest.

Our survey of the record reflects that Ochran has not suffered actual prejudice on account of the delay. Moreover, there is no evidence that the delay was intentionally caused by the State in order to gain a tactical advantage. Finding no other basis to support the trial court decision we reverse and remand with instructions to reinstate the information upon authority of U.S. v. McGough, 510 F.2d 598 (5th Cir. 1975); U.S. v. Avalos, 541 F.2d 1100 (5th Cir.1976); State v. Newman, 367 So.2d 251 (Fla. 4th DCA 1971) and Howell v. State, 418 So.2d 1164 (Fla. 1st DCA 1982).

Reversed and remanded with instructions.

LETTS, C.J., HERSEY and WALDEN, JJ., concur.

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429 So. 2d 77, 1983 Fla. App. LEXIS 28962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ochran-fladistctapp-1983.

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