4D08-1174-Kidd v. State

State: Florida

Court: Florida Fourth District Court

Docket No: 4D08-1174

Case Date: 07/02/2008

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2008

MATTHEW KIDD, Petitioner, v. STATE OF FLORIDA, Respondent. No. 4D08-1174 [July 2, 2008] POLEN, J. Matthew Kidd petitions this court for a writ of prohibition seeking review of an order that denied his motion to dismiss pending charges because the statute of limitations has run. According to his motion, while serving a prison sentence on another case, Kidd received notice on February 3, 2004, that a detainer was issued informing prison officials of pending charges in Martin County. A warrant was issued for dealing in stolen property, a second degree felony, and forgery, a third degree felony. Kidd says he was never served with an information and he was never arrested on the warrant. He moved to dismiss the charges based on the statute of limitations. Without ordering a response from the state the trial court denied the motion explaining that Kidd was never arrested on the warrant. The trial court's reasoning does not support denial of the motion. Section 775.15, Florida Statutes, sets out the statutes of limitations for different degrees of criminal offenses. Unless otherwise provided, the prosecution for second and third degree felonies must be commenced within three years after commission of the offense.

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