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STATE v. DOUGLAS

No. 3D04-1070.

919 So.2d 481 (2005)

The STATE of Florida, Appellant, v. Derrek Carnell DOUGLAS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied February 1, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellee.

Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.

Rehearing and Rehearing En Banc Denied February 1, 2006.

COPE, C.J.

The question before us is whether the trial court correctly dismissed one count of a two-count information on the theory that the statute of limitations had expired. We conclude that the charge was timely filed and remand for further proceedings.

I.

Defendant-appellee Derrek Carnell Douglas was charged with sexual battery and kidnapping. At his original trial, the court gave...

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