Babun v. State

Babun v. State, 576 So. 2d 377 (Fla. Dist. Ct. App. 1991)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: March 12, 1991
Docket: No. 90-1270
Judges: Ferguson, Levy and Goderich
Citations: 576 So. 2d 3771991 WL 32415

Cited by 4 2 descriptions by later courts

Opinion

576 So.2d 377 (1991)

Lincoln BABUN, Appellant,

The STATE of Florida, Appellee.

No. 90-1270.

District Court of Appeal of Florida, Third District.

March 12, 1991.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before FERGUSON, LEVY and GODERICH, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

The State concedes, correctly, that the trial court erroneously applied section 943.058, Florida Statutes (1989), in denying a motion to expunge and seal court records showing that the movant was arrested and charged with a criminal offense. The statute, which prohibits the sealing of records in a completed case, does not apply where the charges are nolle prossed. [1] Canter v. State, 448 So.2d 64 (Fla. 3d DCA 1984). Accord Merritt v. State, 522 So.2d 93, 94-95 (Fla. 1st DCA 1988); Thomas v. State, 513 So.2d 163, 164-65 (Fla. 2d DCA), rev. denied, 519 So.2d 988 (Fla. 1987); Williamson v. State, 510 So.2d 1052, 1054-55 (Fla. 3d DCA 1987).

Reversed and remanded for further proceedings.

NOTES

[1] A nolle prosequi is a formal entry on the record by the prosecutor declaring that there will be no further prosecution of either the entire case, some of the counts, or some of the defendants. 1 Fla.Jur.2d Actions § 105 (1991).

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

("A nolle prosequi is a formal entry on the record by the prosecutor declaring that there will be no further prosecution of either the entire case, some of the counts, or some of the defendants.")

State v. Clifton, 905 So. 2d 172 (Fla. Dist. Ct. App. 2005)

Cited by 4 cases

View all citing references →

State Appellate Courts4

Relies on it most ⓘ

State v. Clifton905 So. 2d 172 (Fla. Dist. Ct. App. 2005)
Gantorius v. State620 So. 2d 268 (Fla. Dist. Ct. App. 1993)
State v. Clifton895 So. 2d 513 (Fla. Dist. Ct. App. 2005)
State v. O.I.W.616 So. 2d 638 (Fla. Dist. Ct. App. 1993)

Most recent

State v. Clifton905 So. 2d 172 (Fla. Dist. Ct. App. 2005)
State v. Clifton895 So. 2d 513 (Fla. Dist. Ct. App. 2005)
Gantorius v. State620 So. 2d 268 (Fla. Dist. Ct. App. 1993)
State v. O.I.W.616 So. 2d 638 (Fla. Dist. Ct. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Williamson v. State, 510 So. 2d 1052 (Fla. Dist. Ct. App. 1987)	10
	Canter v. State, 448 So. 2d 64 (Fla. Dist. Ct. App. 1984)	5
	Thomas v. State, 513 So. 2d 163 (Fla. Dist. Ct. App. 1987)	3
	Scarpillo v. State, 576 So. 2d 377 (Fla. Dist. Ct. App. 1991)	3
	Merritt v. State, 522 So. 2d 93 (Fla. Dist. Ct. App. 1988)	1

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