EPIFANIO CABRERA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EPIFANIO CABRERA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
415 So. 2d 898
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
State attorney may enter a nolle prosequi of a count in the information at any time before a defendant’s plea of guilty is accepted by the court. See Reyes v. Kelly, 224 So. 2d 303 (Fla.1969). Appellant’s remaining contentions are without merit.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. R.J., 763 So. 2d 370 (Fla. 4th DCA 1998)…he decision to file a nolle prosse is within the sole discretion of the state). The state attorney may enter a nolle prosse of a count in the information at any time before a defendant’s plea of guilty is accepted by the court. See Cabrera v. State, 415 So. 2d 898 (Fla. 3d DCA 1982). Everything which occurs in a proceeding subsequent to the filing of a nolle prosse by the state is a nullity. See Braden, 375 So. 2d at 50. In In the Interest of S.R.P., a juvenile claimed that the trial court erred in refusing…
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Flores v. State, 958 So. 2d 1026 (Fla. 5th DCA 2007)…ol, 208 So. 2d 156 (Fla. 3d DCA 1968). Therefore, the State has no authority to nolle pros a charge after a jury is sworn, id., or after a judge accepts a plea to the charge. E.g., State v. R.J., 763 So. 2d 370 (Fla. 4th DCA 1998); Cabrera v. State, 415 So. 2d 898 (Fla. 3d DCA 1982). Because the judge had already accepted Flores’ plea to the charge in count 2, the State had no authority to nolle pros count 2 prior to sentencing. Therefore, the purported nolle pros of count 2 was itself a nullity, and the sent…
Authorities Cited
- Gonzalo R. Reyes v. Honorable Richard Kelly, 224 So. 2d 303 (Fla. 1969)