STATE v. BENNINGHOFF

No. 4D15-325.

188 So.3d 64 (2016)

STATE of Florida, Appellant, v. Cynthia J. BENNINGHOFF, Appellee.

District Court of Appeal of Florida, Fourth District.

March 23, 2016.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Melanie Dale Surber , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Emily Ross-Booker , Assistant Public Defender, West Palm Beach, for appellee.


The State appeals an order dismissing a charge against the defendant without prejudice. The State argues the trial court erred in dismissing the charge prior to the expiration of five years from the time the court adjudicated the defendant incompetent, as required by Florida Rule of Criminal Procedure 3.213(a)(1). We agree and reverse.<...

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