5D2023-3126
The Fifth DCA denied a writ of prohibition seeking dismissal of a misdemeanor solicitation charge on statute-of-limitations grounds. The court held that because the defendant had no reasonably ascertainable place of abode or work under section 775.15(5), the one-year limitations period was tolled until her arrest, making the prosecution timely despite the capias not being executed until 15 months after the offense.
Key facts
- Defendant was charged with misdemeanor solicitation; the trial court denied her motion to dismiss based on the statute of limitations.
- The capias was not executed until approximately 15 months after the offense, which exceeded the one-year limitations period for misdemeanors.
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Why it matters
This opinion clarifies a recurring point of confusion in statute-of-limitations litigation by explicitly distinguishing the 'relation-back/unreasonable delay' analysis under 775.15(4)(b) from the tolling analysis under… — full analysis with a trial
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