Summary
affirming the trial court's order based on the Rubin and Adjmi precedent that an amended information shown to be connected with and a continuation of an original information will not be subject to the statute of limitations if the original information was timely filed
Summary of this case from Labrador v. StateOpinion
Case No. 4D01-1344
Opinion filed February 27, 2002
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 98-9067 CF10A.
Robert A. Butterworth, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, for appellant.
Hilliard E. Moldof, Fort Lauderdale, for appellee.
AFFIRMED. See Rubin v. State, 390 So.2d 322 (Fla. 1980) (holding that amended information may only "relate back" where the original information was timely filed); State v. Adjmi, 170 So.2d 340, 343 (Fla. 3d DCA 1964) (holding that "[subsequent] informations will not be subject to the statute of limitations when they are shown to be connected with and in continuation of a prosecution timely begun").
STONE, STEVENSON and TAYLOR, JJ., concur.