Berntson v. State

Petitioner seeks review of an order that denied his motion to dismiss the information. We grant the petition as the state did not demonstrate that the delay in executing the capias was reasonable or that the statute of limitations was otherwise tolled. See s. 775.15(5)(b) & (6), Fla. Stat.; State v. Mack, 637 So.2d 18 (Fla. 4th DCA 1994); State v. Picklesimer, 606 So.2d 473, 475-76 (Fla. 4th DCA 1992), rev. denied, 618 So.2d 210 (1993).

While Petitioner admitted using false names because he knew a warrant was issued for his arrest, the state never attempted to prove that any agency had taken…