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576 So. 2d 377

Docket No. 90-1270.

Babun v. State

Lincoln BABUN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 12, 1991.

District Court of Appeal of Florida · decided 1991-03-12

Cited by 7 later decisions — most recently March 2005

7 state decisions

Key passage — most relied on by later courts

“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.”

quoted by 2 later decisions, including State v. Clifton, 895 So. 2d 513 - State v. Clifton

Relies on Florida Bar re Amendments to the Rules Regulating the Florida Bar · 510 So. 2d 1052 - Williamson v. State · 448 So. 2d 64 - Canter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-03-12

View the full empirical analysis of this case →

¶1Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., for appellee.

¶3Before FERGUSON, LEVY and GODERICH, JJ.

¶4

ON CONFESSION OF ERROR

¶5PER CURIAM.

¶6The 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).

¶7Reversed and remanded for further proceedings.

NOTES

¶8[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).

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