State v. Guerra

This appeal is by the State of Florida from a judgment dismissing a second information upon the ground that the prosecution was barred by the statute of limitations, see F.S. § 932.05, F.S.A. The record reveals clearly that the crime, if committed, occurred in September of 1966; that the first information which was filed in September of 1968 (two days before the expiration of the statute) was dismissed upon the State’s motion for a nolle prosequi, solely because the State was not ready to proceed with trial. Under these circumstances, the second information which was filed in February of…