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STATE FOR USE & BEN. OF DADE CTY. v. ROMERO

No. 83-2667.

456 So.2d 1281 (1984)

The STATE of Florida, for the Use and Benefit of DADE COUNTY, Appellant, v. Herbert Hildo ROMERO, Appellee.

District Court of Appeal of Florida, Third District.

October 2, 1984.

Attorney(s) appearing for the Case

Robert A. Ginsburg, County Atty. and Gary A. Siplin, Asst. County Atty., for appellant.

Mark King Leban; Stephen I. Mechanic, Miami, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The order granting the surety's application for remission of forfeiture is reversed upon a holding that (1) where, as here, the criminal defendant was not surrendered by the surety nor otherwise apprehended, the trial court was without jurisdiction to entertain the application for remission not made "within one year from forfeiture," as required by Section 903.28, Florida Statutes (1981); (2) even if, arguendo, this statutory limit for applications for...

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