Hernandez v. State

Armengol Hernandez seeks a writ of prohibition preventing the circuit court from proceeding with his criminal prosecution. In a previous order of this court, we granted the petition for writ of prohibition, and this opinion now follows. Hernandez maintains that the State failed to timely commence prosecution. See § 775.15, Fla. Stat. (Supp.1998). We agree and order the circuit court to discharge Hernandez if it has not already done so.

On May 8, 1998, the State filed an information against Hernandez charging him with interference with custody, alleged to have occurred between February 6, 1998,…