Filed: Nov. 07, 2014
Latest Update: Nov. 07, 2014
Summary: ON CONCESSION OF ERROR PER CURIAM . Petitioner, David M. Miller, seeks a writ of prohibition to prohibit the trial court from proceeding with the underlying action. The State commendably concedes that the petition should be granted. Miller was charged in Seminole County Circuit Court Case No. 2013-CF000153A with unlawful travel to meet a minor and computer solicitation of a child. He filed an amended motion to dismiss information based on entrapment pursuant to Florida Rule of Criminal Pro
Summary: ON CONCESSION OF ERROR PER CURIAM . Petitioner, David M. Miller, seeks a writ of prohibition to prohibit the trial court from proceeding with the underlying action. The State commendably concedes that the petition should be granted. Miller was charged in Seminole County Circuit Court Case No. 2013-CF000153A with unlawful travel to meet a minor and computer solicitation of a child. He filed an amended motion to dismiss information based on entrapment pursuant to Florida Rule of Criminal Proc..
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ON CONCESSION OF ERROR
PER CURIAM.
Petitioner, David M. Miller, seeks a writ of prohibition to prohibit the trial court from proceeding with the underlying action. The State commendably concedes that the petition should be granted.
Miller was charged in Seminole County Circuit Court Case No. 2013-CF000153A with unlawful travel to meet a minor and computer solicitation of a child. He filed an amended motion to dismiss information based on entrapment pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The trial court granted the motion on June 23, 2014. On July 2, 2014, the State filed a motion to rescind the court order dismissing the information and setting a hearing on Miller's amended motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.192. On September 5, 2014, the trial court granted the State's motion.
Miller then filed a petition for writ of prohibition in this Court. He contends that the trial court lacked jurisdiction to rescind its June 23, 2014, order of dismissal because, under rule 3.192, when the trial court failed to rule on the State's motion, it was deemed denied.1 Miller asks that this Court issue a writ preventing the trial court from acting in excess of its authority as the matter stands dismissed.
We issued an order staying the proceedings below and ordered the State to respond. In its response, the State agreed that the trial court had until August 4, 2014, to rule on the motion for rehearing, and when it failed to do so, the motion was deemed denied. No timely appeal was taken. As a result, the State concedes that the September 2, 2014, order rescinding the dismissal was a nullity and that the petition should be granted.
We accept the State's concession and grant the petition for writ of prohibition. We quash the trial court's September 5, 2014, "Order Rescinding This Court's Order Dismissing The Information and Setting Defendant's Amended Motion to Dismiss for Hearing."
PETITION GRANTED; ORDER QUASHED.
PALMER, ORFINGER and BERGER, JJ., concur.
