Florida District Courts of Appeal, 2012

Cruz v. State

Florida District Courts of Appeal · Decided September 21, 2012 · Evander, Lawson, Palmer

97 So. 3d 976; 2012 WL 4208834; 2012 Fla. App. LEXIS 15892 (Southern Reporter, Third Series)

Opinion of the Court

PER CURIAM.

The Petition for Writ of Certiorari is denied without prejudice to the Petitioner’s right to refile a motion to dismiss. See Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (rejecting as premature a claim that charges should be dismissed *977“because five years have not elapsed since Petitioner was found incompetent”).

PETITION DENIED.

PALMER, LAWSON and EVANDER, JJ., concur.

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