STATE OF FLORIDA
v.
JOSSELIN NICOLL PADILLA-VALLADARES
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Illegally entering the United States is a continuous act for purposes of human smuggling charges under Florida Statute § 787.07(1).
[1] Illegally entering the United States constitutes a continuous act for purposes of prosecuting human smuggling charges under Florida Statute § 787.07(1), with the entry co…
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Join FLexlaw to unlock all legal intelligence“Their entry continued until they arrived at their destination”
From State v. Yanes-Blanco, cited as controlling authority for the continuous nature of illegal entry
Josselin Nicoll Padilla-Valladares was charged with human smuggling. The trial court dismissed the charges.…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2023-2201 LT Case No. 2022-CF-000737 _____________________________
STATE OF FLORIDA,
Appellant,
v.
JOSSELIN NICOLL PADILLA- VALLADARES,
Appellee. _____________________________
On appeal from the Circuit Court for Hernando County. Daniel Merritt, Jr. Judge.
John M. Guard, Acting Attorney General, Jeffrey Paul DeSousa, Chief Deputy Solicitor General, and Robert Scott Schenck, Assistant Solicitor General, Office of the Attorney General, Tallahassee, for Appellant.
Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellee.
February 7, 2025
PER CURIAM.
The State of Florida appeals the trial court’s order dismissing human smuggling charges against Josselin Nicoll Padilla-
2 Valladares. See § 787.07(1), Fla. Stat. (2021). The State argues that the order is in error because “illegally entering” into the United States is a continuous act. We agree.
Our court’s binding decision in State v. Yanes-Blanco, 50 Fla. L. Weekly D212, D214 (Fla. 5th DCA Jan. 17, 2025) (“Their entry continued until they arrived at their destination . . . .”) is controlling in this case. We therefore reverse the order and remand for further proceedings.
REVERSED and REMANDED.
EISNAUGLE, BOATWRIGHT, and KILBANE, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________