Wills v. Wilson

PETITION FOR WRIT OF PROHIBITION

Petitioner, Homer Leo Wills, Jr., seeks a writ of prohibition to stop any further proceedings in a driving under the influence case. We grant the writ and discharge petitioner.

Petitioner, was arrested on November 18, 1990, and charged with a misdemeanor count of driving under the influence. § 316.193(3)(c)(l), Fla.Stat. (1989). On February 12, 1991, the State filed a nolle prosequi in that case.

On March 27, 1991, 129 days after petitioner’s misdemeanor arrest, the State filed an information charging petitioner with felony driving under the influence. §…