Robinson v. StateAnnotate this Case
In 2012, Defendant was charged in an information with several counts related to child pornography. After Defendant was arrested on an arrest warrant issued in 2009 for possession of child pornography, he filed a motion to dismiss claiming that the applicable statute of limitations barred his prosecution. The State countered that Defendant was outside the state from 2008 until 2012 and, thus, the statute of limitations had not run because it was tolled the entire time pursuant to Fla. Stat. 775.15(5). The trial court denied Defendant’s motion to dismiss, concluding that section 775.15 tolls the statute of limitations when the defendant is continuously absent from the state. Defendant then entered a plea of no contest to the charges and was adjudicated guilty on all counts. The First District Court of Appeal affirmed. The Supreme Court approved the decision and disapproved the decisions of the Second District Court of Appeal in Netherly v. State and State v. Perez to the extent they hold that, under section 775.15, the State must prove that the State conducted a diligent search for the defendant while he was continuously absent from the state or that the defendant’s absence from the state hindered the prosecution in order to toll the statute of limitations.