¶1Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for petitioner.
¶2Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for respondent.
¶3*161 Before SCHWARTZ, C.J., and JORGENSON and FLETCHER, JJ.
¶4PER CURIAM.
¶5On December 19, 1999, the trial court granted the respondent's motion to suppress; the State then announced a nolle prosse of the action. On December 22, 1999, the State filed a motion for rehearing. The trial court took the motion under advisement, but expressed some doubt as to whether it still had jurisdiction over the matter. The respondent seeks a writ of prohibition from this court to prevent the trial court from proceeding.
¶6The State now agrees that once it announced a nolle prosse, no charges remained pending and the trial court was divested of jurisdiction. See State v. Braden,375 So.2d 49, 50 (Fla. 2d DCA 1979)("As a general proposition, everything which occurs in a proceeding subsequent to the filing of a nolle prosse by the state is a nullity.").
¶7We find it unnecessary to issue the formal writ.