Legal Opinion

State v. Thomas

District Court of Appeal of Florida

Decided January 27, 2010No. 4D08-4080Published

1Opinion of the CourtGross, C.J.

We affirm the circuit court’s dismissal of this case on the ground that the statute of limitations had run.

By an information filed on October 1, 2003, appellant was charged with grand theft. According to the probable cause affidavit, the offenses occurred before April 26, 2003. Appellant was not arrested until May, 2008.

Prosecution for grand theft must be commenced “within 5 years after the cause of action accrues.” § 812.035(10), Fla. Stat. (2003). Here, the grand theft “accrued” when every element occurred, no later than April 26, 2003. See § 775.15(4), Fla. Stat. (2003). The statute of…

2Cases cited2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 2005
  2. Soto v. StateDistrict Court of Appeal of Florida · 2008

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