MADONIA v. STATE

No. 93-2644.

648 So.2d 260 (1994)

James MADONIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 1994.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


HARRIS, Chief Judge.

In 1989, James Madonia was charged with one count of burglary. During the commission of the alleged offense, he was shot, stabbed sixteen times and had his throat cut. As a result of these injuries, Madonia was hospitalized for thirty days but no arrest on the charge was attempted. In fact, Madonia was not arrested until over three years later when a routine traffic stop revealed the warrant.

Madonia moved to dismiss the information, claiming...

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