932.48 Informations; duties of clerks of courts.—Upon the filing of an information, the clerk of the circuit court shall docket the information and shall, without leave or order of the court first being had and obtained, issue a capias for the arrest of the person charged; and the clerk shall likewise issue any and all other necessary process incident to the information.
Cited 3 times | Published | Florida 4th District Court of Appeal | 2004 WL 1837892
...ituted sufficient notice to him of the filing of the charges. That legal determination was erroneous. See Fla. R.Crim. P. 3.131(j) (requiring issuance of capias upon filing of information, if person named is neither in custody nor at large on bail); § 932.48, Fla....
...§ 2254 , since petitioners are not held pursuant to any State Court judgment as required to properly confer jurisdiction on this Court. Respondent contends that petitioners’ claim for relief is premature, pointing out that petitioners are each in custody merely by operation of a capias for arrest issued pursuant to Section 932.48, Florida Statutes, F.S.A....
PER CURIAM. Affirmed. See Fla. R.Crim. P. 3.131(j)(requiring issuance of capias upon filing of information, if person named is neither in custody nor at large on bail); see also § 932.48, Fla....
...Section 775.15(5), Florida Statutes (1991) provides that “[a] prosecution is commenced when either an indictment or information is filed, provided the capias, ... issued on such indictment or information is executed without unreasonable delay.” (Emphasis added). Pursuant to section 932.48, Florida Statutes (1991), the clerk of the circuit court may issue a capias for the arrest of a defendant upon the filing of the information....
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