April 19, 2018 - State Concedes Motion to Dismiss

April 19, 2018, the State conceded a motion to dismiss a felony opiate prescription fraud charge based on a statute of limitation argument made by Mr. Kent and Mr. McFarland in a motion filed under Florida Rule of Criminal Procedure 3.190(c)(4), based on a failure of the State to diligently search for the defendant after filing the criminal information against her. This motion brought back memories for Mr. Kent, because the very first dismissal of a criminal case he ever obtained was based on the same argument - over thirty years ago!  Since then he has only used the argument one other time, in a complex federal drug conspiracy trial appeal and in that appeal (United States v. Charles Coleman) the defendant client's mandatory life sentence was vacated based on a challenge made by Mr. Kent to an underlying state predicate conviction which was infirm due to ineffective assistance of the former trial counsel in advising the defendant to plead to a felony drug charge when there was a viable statute of limitations defense available based on failure of the state to exercise diligence in arresting the defendant after charges were filed.