Legal Opinion

State v. Fields

District Court of Appeal of Florida

Decided July 23, 1986No. 4-86-0164PublishedCited by 2 opinions

1Opinion of the Court

LETTS, Judge.

Prosecution for aggravated assault must be “commenced” within three years after it has been committed. With regard to the meaning of the word “commenced,” section 775.15(5), Florida Statutes (1985), reads in relevant part as follows:(5) A prosecution is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant’s absence from the state shall be…

2Cases cited5 opinions

  1. Sturdivan v. StateSupreme Court of Florida · 1982
  2. Rosengarten v. StateDistrict Court of Appeal of Florida · 1965
  3. State v. ChaconDistrict Court of Appeal of Florida · 1985
  4. Warren v. WainwrightDistrict Court of Appeal of Florida · 1986
  5. State Ex Rel. Welch v. CIRCUIT COURT IN AND FOR ESCAMBIA COUNTYDistrict Court of Appeal of Florida · 1986

3Cited by2 opinions

  1. State v. FieldsSupreme Court of Florida · 1987
  2. State v. TraberCircuit Court for the Judicial Circuits of Florida · 1989

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