ROBINSON v. STATE

No. 5D00-2108.

773 So.2d 1266 (2000)

John ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 22, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

We reverse appellant's conviction. In this appeal, Robinson relies not on his innocence but on the rules of the game to demand relief. We agree that under the applicable statutes the prosecution was commenced too late.

After committing the offenses charged herein, Robinson moved to Georgia and remained there for several years. It is conceded that during this period, Robinson was unavailable. Process was ultimately served on Robinson beyond six years...

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