Wilkins v. State, 90 So. 3d 305 (Fla. 1st DCA 2012). · Go Syfert
Wilkins v. State, 90 So. 3d 305 (Fla. 1st DCA 2012). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: State of Florida v. Mallory H. Oliff (fladistctapp, 2024-10-16)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Florida v. Mallory H. Oliff
Fla. Dist. Ct. App. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the state may file a nolle prosequi at any time prior to the swearing in of the jury.
discussed Cited as authority (verbatim quote) State of Florida v. Mallory H. Oliff
Fla. Dist. Ct. App. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the state may file a nolle prosequi at any time prior to the swearing in of the jury.
discussed Cited as authority (verbatim quote) State of Florida v. Mallory H. Oliff
Fla. Dist. Ct. App. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the state may file a nolle prosequi at any time prior to the swearing in of the jury.
discussed Cited as authority (verbatim quote) Barnett v. Antonacci
Fla. Dist. Ct. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
the decision to nolle prose a cause is within the sole discretion of the state ....
discussed Cited as authority (rule) 2D15-19 / Davis v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2016 · confidence medium
Wilkins v. State, 90 So.3d 305, 306 (Fla. 1st DCA 2012); State v. Aguilar, 987 So.2d 1233, 1234-35 (Fla. 5th DCA 2008).
discussed Cited "see, e.g." Robert Michael Ardis v. Sarah Harper Ardis
Fla. Dist. Ct. App. · 2015 · signal: see, e.g. · confidence low
See, e.g., Wilkins v. State, 90 So.3d 305 (Fla. 1st DCA 2012) (affirming a. defendant’s convictions for burglary and other crimes despite an error in convicting on a nolle prossed kidnapping charge); but see Freccacreto v. State, 291 So.2d 630, 631 (Fla. 4th DCA 1974) (finding that a guilty judgment on nolle prossed charges violates the state constitution and is fundamental error and remanding for entry of an appropriate sentence on the remaining conviction).
discussed Cited "see, e.g." Sowell v. State (2×)
Fla. Dist. Ct. App. · 2012 · signal: see also · confidence low
See Bearden v. State, 481 So.2d 542 (Fla. 2d DCA 1986); see also Wilkins v. State, 90 So.3d 305 , 2012 WL 178379 (Fla. 1st DCA 2012).
Retrieving the full opinion text from the archive…
Lyndal Kenneth WILKINS
v.
STATE of Florida
No. 1D10-5504.
District Court of Appeal of Florida, First District.
Jan 24, 2012.
90 So. 3d 305
2012 Fla. App. LEXIS 807
2012 WL 178379
Lyndal Kenneth Wilkins, pro se; Nancy A. Daniels, Public Defender, Archie F. Gardner, Jr., Assistant Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant., Pamela Jo Bondi, Attorney General, Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellee.
Lewis, Wetherell, Wolf.
Cited by 7 opinions  |  Published
PER CURIAM.

In this Anders1 appeal, Lyndal Kenneth Wilkins, Appellant, challenges his judgments and sentences for burglary of a dwelling while armed with a dangerous weapon (count I), attempted armed kidnapping with a weapon (count II), aggravated stalking by credible threat (count III), possession of a short-barreled shotgun (count IV), and possession of burglary tools (count V). After a preliminary review of the record on appeal, we directed appellate counsel and the State to file supplemental briefs to address the issue of whether Appellant was improperly convicted and sentenced for count II after the State nolle prossed this count. The parties complied, and the State conceded error. We agree that error occurred; thus, we reverse and remand Appellants judgment and sentence for count II with directions to the trial court to vacate the[*306] imposition of sentence for count II, and we direct the Clerk of the Court to amend its records to reflect the announcement of a nolle prosequi of count II by the State. We otherwise affirm Appellant’s remaining judgments and sentences without discussion.

In this case, the State nolle prossed count II in exchange for Appellant accepting a plea. Nevertheless, after Appellant accepted the State’s plea, the trial court adjudicated Appellant guilty of count II and imposed a sentence for this count. The State may file a nolle prosequi at any time prior to the swearing in of the jury. State v. Kahmke, 468 So.2d 284, 285 (Fla. 1st DCA 1985). In addition, since the decision to nolle prosse a cause is within the sole discretion of the State, it may do so without the permission of the trial court. Id. Consequently, “a ‘nolle prosequi effectively ends the proceeding, and any action taken subsequent to the filing of the nolle prosequi is a nullity.’ ” State v. Aguilar, 987 So.2d 1233, 1235 (Fla. 5th DCA 2008) (quoting Sadler v. State, 949 So.2d 303, 305 (Fla. 5th DCA 2007)).

Here, it is apparent from the record on appeal that error was unintended because the trial court acknowledged that the State nolle prossed count II. However, it is undisputed that the trial court improperly adjudicated Appellant guilty and sentenced him for count II.

We, therefore, reverse and remand Appellants judgment and sentence for count II with directions to the trial court to vacate the imposition of sentence for count II and we direct the Clerk of the Court to amend its records to reflect the announcement of a nolle prosequi of count II by the State. We otherwise affirm Appellant’s remaining judgments and sentences.

AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

WOLF, LEWIS, and WETHERELL, JJ., concur.
1

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).