State v. Grady

RYDER, Judge.

The State of Florida seeks review of the trial court’s dismissal of all charges against appellee, Isaiah Grady, because of pre-accu-sation delay. We conclude that the appellee failed to meet his burden of establishing actual prejudice, and, therefore, reverse the dismissal and remand for further proceedings.

In August 1991, Grady was charged with armed burglary of a dwelling, robbery, kidnapping, aggravated assault and sexual battery which allegedly occurred in May 1989. He filed a notice of intent to participate in discovery in October 1991. Subsequently, in January 1992, Grady…