EARLE v. STATE

No. 5D01-1173.

800 So.2d 742 (2001)

Matthew EARLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 7, 2001.


Attorney(s) appearing for the Case

Terrence E. Kehoe of Law Offices of Terrence E. Kehoe, Orlando and James M. Russ of Law Offices of James M. Russ, P.A., Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Matthew Earle initiated this action when the State refused to "dismiss with prejudice the criminal information filed ... on November 14, 2000" pursuant to a written plea agreement entered into by both parties and fully performed by Earle. The State argues that by filing an amended information that omitted the crime charged in the earlier information, the amended information operated as a nolle prosequi of the earlier charges. Thus, the State asserts dismissal...

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