Wade v. State

40 So. 3d 929, 2010 Fla. App. LEXIS 11699, 2010 WL 3120215

Opinion

PER CURIAM.

Appellant, Teddy Keith Wade, challenges his conviction for Organized Fraud, Uttering a Forged Check, and Grand Theft. Because the State did not commence prosecution for the Organized Fraud and Uttering a Forged Check offenses before their respective statutes of limitations expired; and, because the State failed to demonstrate the delay in prosecution was reasonable, we find prosecution for these two offenses was time-barred. See § 775.15(5), Fla. Stat. (2005).

We reverse Mr. Wade’s convictions for Organized Fraud and Uttering a Forged Check, affirm his conviction for Grand Theft and remand for the trial court to resentence Mr. Wade consistent with this opinion.

REVERSED.

HAWKES, C.J., KAHN and WEBSTER, JJ., concur.