STATE v. FOXWORTH

No. 4D99-2806.

757 So.2d 1270 (2000)

STATE of Florida, Appellant, v. Wesley FOXWORTH, Appellee.

District Court of Appeal of Florida, Fourth District.

May 24, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Maxine Williams, Assistant Public Defender, West Palm Beach, for appellee.


DELL, J.

On September 26, 1996, the state of Florida charged Wesley Foxworth by information with grand theft of a motor vehicle, a third degree felony. The information alleged that the crime occurred on February 26, 1996. The state, however, did not execute the capias until May 3, 1999, when appellee surrendered to Florida authorities after his arrest in South Dakota on an unrelated charge.

Appellee filed a motion to dismiss the information. He argued that...

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