Bowers v. State
Bowers sought prohibition arguing his burglary of a dwelling charge was time-barred and that his speedy trial rights were violated. The Fifth DCA denied relief on the constitutional speedy trial claim but granted the writ as to the burglary charge, holding the State failed to prove the DNA-identification tolling exception under section 775.15(16)(a)5 applied because it did not show the DNA evidence remained 'preserved and available for testing.'
Key facts
- Defendant Bowers was charged with burglary of a dwelling and sought prohibition relief arguing the charge was time-barred under the statute of limitations and that his speedy trial rights were violated.
- The State sought to invoke the DNA-identification tolling exception under section 775.15(16)(a)5, Florida Statutes, to extend the prosecution period, but relied on a detective's testimony that evidence was available 'as far as he knew' and an outdated lab report from over two years prior.
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Why it matters
This opinion clarifies the State's evidentiary burden when invoking the DNA-identification tolling exception to the criminal statute of limitations, a recurring issue in cold-case prosecutions relying on delayed DNA… — full analysis with a trial
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