Legal Opinion

Escalante v. State

District Court of Appeal of Florida

Decided June 5, 2015No. 2D15-419Published

1Opinion of the Court

ORDER ON PETITION FOR WRIT OF PROHIBITION

2Per curiam

Sinar Roblero Escalante seeks a writ of prohibition preventing the trial court from proceeding with his prosecution based on the expiration of the statute of limitations. This court has the authority to grant the writ. See Reino v. State, 352 So.2d 853, 860-61 (Fla.1977) (granting petitions for writ of prohibition when the prosecution of the petitioners was barred by the statute of limitations), receded from on other grounds by Perez v. State, 545 So.2d 1357 (Fla.1989); Cunnell v. State, 920 So.2d 810, 811 (Fla. 2d DCA 2006); Hernandez v. State, 915…

3Cases cited4 opinions

  1. Neal v. StateDistrict Court of Appeal of Florida · 1997
  2. Cunnell v. StateDistrict Court of Appeal of Florida · 2006
  3. Davis v. StateDistrict Court of Appeal of Florida · 2010
  4. Hernandez v. StateDistrict Court of Appeal of Florida · 2005

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