State v. Plasner

This is an appeal from an order dismissing an information because of pros-ecutorial delay from the date of a fire in August, 1981 until an arrest for arson in December, 1982. In order to secure a dismissal of an indictment or information because of a prosecutorial delay in the filing of the charges, a defendant has the burden of showing prejudice. Barber v. State, 438 So.2d 976 (Fla. 3d DCA 1983); See also State v. Parent, 408 So.2d 612 (Fla. 2d DCA 1981). In the instant arson case it is clear that the defendant never met this burden. The defendant contended that because the debris from the…