STATE v. NEWMAN

No. 77-2531.

367 So.2d 251 (1979)

STATE of Florida, Appellant, v. Oscoe NEWMAN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 7, 1979.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Marc E. Kirk, Asst. Public Defender, West Palm Beach, for appellee.


BERANEK, Judge.

The State appeals an order dismissing an Information wherein defendant was charged with possession of heroin and sale of heroin. The Information was dismissed on due process grounds based on a finding that a pre-arrest delay of five months prejudiced the defendant because of his inability to remember the events in question. We reverse.

A delay between the date of a crime and a defendant's eventual arrest therefor may constitute a due process...

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