L.C. v. State

Florida District Courts of Appeal
L.C. v. State, 750 So. 2d 160 (2000)
2000 Fla. App. LEXIS 1033
Fletcher, Jorgenson, Schwartz

L.C. v. State

Opinion of the Court

PER CURIAM.

On December 19, 1999, the trial court granted the respondent’s motion to suppress; the State then announced a nolle prosse of the action. On December 22, 1999, the State filed a motion for rehearing. The trial court took the motion under advisement, but expressed some doubt as to whether it still had jurisdiction over the matter. The respondent seeks a writ of prohibition from this court to prevent the trial court from proceeding.

The State now agrees that once it announced a nolle prosse, no charges remained pending and the trial court was divested of jurisdiction. See State v. Braden, 375 So.2d 49, 50 (Fla. 2d DCA 1979)(“As a general proposition, everything which occurs in a proceeding subsequent to the fifing of a nolle prosse by the state is a nullity.”).

We find it unnecessary to issue the formal writ.

Reference

Full Case Name
L.C., a juvenile v. The STATE of Florida
Cited By
2 cases
Status
Published