Perez v. Farina

Dec 21, 1993
93-2141
Reporters:
,
Before:
Barkdull, Jorgenson, Levy (per curiam)

PER CURIAM AFFIRMED.

Pursuant to Fuller v. Genden, 630 So.2d 1150 (Fla. 3d DCA 1993), we issue the Writ of Prohibition requested and certify the question:

Whether the holding of State v. Agee [622 So.2d 473 (Fla. 1993)] applies when the prosecution is terminated by a voluntary dismissal before an indictment or information rather than a “nolle prosse” filed after an information or indictment?

Writ issued.