NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
STATE OF
Appellant,
v. Appeal No. CRC 07-2 APANO
UCN522007AP00002XXXXCR
KAREN MEAKINGS
Appellee.
______________________________/
Opinion filed ____________________.
Appeal from an order entered by
the
County Judge Edwin Jagger
C.Marie King, Esquire
Assistant State Attorney
Brooke Elvington, Esquire
Attorney for appellee
ORDER AND OPINION
(J. Gross)
THIS MATTER is before the Court on the State’s appeal from an order entered by the Pinellas County Court granting the defendant’s motion to dismiss. After reviewing the briefs and record, this Court reverses the order.
The State filed two informations in 2003 for a charge of allegedly passing a worthless check in 2002, and a charge of unlicensed painting also allegedly committed in 2002; but they were not served on the defendant until 2006. Finding that the summonses were not executed without unreasonable delay, the trial court granted the defendant’s motion to dismiss. The State claims that this was error.
This
Court must review the trial court’s order granting dismissal de novo.
The
evidence was that law enforcement went to the defendant’s last known address in
early 2003, but they were unable to locate her. An investigator continued
looking for the defendant by accessing CJIS. He found a phone number, called
it, and was forwarded to a number in
The
applicable statute of limitations is the one in effect at the time of the
alleged crime. See Brown v. State, 674 So.2d 738 (Fla. 2d DCA 1995). §775.15(6),
Fla.Stat. (2001) provides that: “the period of limitation does not run during
any time when the defendant is continuously absent from the State or has no
reasonably ascertainable place of abode or work within the state … .” The trial
court concentrated on the first part of the sentence, and did not appear to consider
the second. The evidence was that the defendant resided in
IT IS THEREFORE ORDERED that the order granting the defendant’s motion to dismiss is reversed, and this case is remanded to the County Court for action consistent with this Order and Opinion.
DONE
AND ORDERED in
___________________________
David A. Demers
Circuit Court Judge
____________________________
Raymond O. Gross
Circuit Court Judge
_____________________________
Robert J. Morris, Jr.
Circuit Court Judge
cc: Office of the State Attorney
Honorable Edwin Jagger
Brooke Elvington, Esq.