Legal Opinion
Matos v. State
District Court of Appeal of Florida
Decided July 25, 2007No. 4D07-1790PublishedCited by 2 opinions
1Per curiam
Juan Matos has filed a petition for writ of prohibition arguing that the trial court is without jurisdiction to proceed because the statute of limitations has expired. Prohibition is a proper method to bring this type of challenge. Pontius v. State, 932 So.2d 618 (Fla. 4th DCA 2006) (citing Cheffer v. Judge, Div. ‘S’, 15th Judicial Circuit, 614 So.2d 632 (Fla. 4th DCA 1993)). We grant the petition and direct the dismissal of the charges.
This is not a case like those relied on by the trial court and the State which involved the State’s filing of an amended information. See, e.g., Rubin v.…
2Cases cited8 opinions
- Rubin v. StateSupreme Court of Florida · 1980
- Geiger v. StateDistrict Court of Appeal of Florida · 1988
- State v. VazquezSupreme Court of Florida · 1984
- State v. GarofaloDistrict Court of Appeal of Florida · 1984
- Cheffer v. JUDGE, DIV.S', 15TH JUD. CIRCUITDistrict Court of Appeal of Florida · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Manzini v. StateDistrict Court of Appeal of Florida · 2013
- STATE OF FLORIDA v. JAMELL DEMONSDistrict Court of Appeal of Florida · 2022