SHERLEY v. STATE

No. 88-413.

538 So.2d 148 (1989)

Jerry SHERLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 16, 1989.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Chief Judge.

Sherley appeals from the trial court's order denying his motion to dismiss the state's information charging him with aggravated battery. He claims that the three year statute of limitations under section 775.15(2)(b), Florida Statutes (1987) had expired prior to the state's commencement of prosecution. We agree and reverse.

On August 31, 1979, Sherley shot Priscilla Shepherd in the stomach with a .22 caliber pistol after she interfered...

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