Vega v. State

Full title: Juan Francisco Vega, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: May 4, 2022

No. 3D21-1765 (Fla. Dist. Ct. App. May. 4, 2022)

Opinion

3D21-1765

05-04-2022

Juan Francisco Vega, Appellant, v. The State of Florida, Appellee.

Carlos J. Martinez, Public Defender, and James Odell and Andrew Stanton, Assistant Public Defenders, for appellant. Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Marlene Fernandez-Karavetsos, Judge. Lower Tribunal Nos. F85-32540, 09-50922, F85-32539, F85-32541, F08-34057, F86-4671

Carlos J. Martinez, Public Defender, and James Odell and Andrew Stanton, Assistant Public Defenders, for appellant.

Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Before SCALES, MILLER, and BOKOR, JJ.

PER CURIAM

Affirmed. See Barron v. State, 217 So.3d 1088, 1091 (Fla. 3d DCA 2017) (allowing trial court to weigh and consider competing expert testimony to determine if the probable cause threshold is met); see also Vega v. Dep't of Child. and Fams., 215 So.3d 193, 194 (Fla. 3d DCA 2017) (“The trial court properly found the statute at issue to be constitutional.”); see also Anderson v. State, 93 So.3d 1201, 1209 (Fla. 1st DCA 2012) (Padovano, J., concurring) (“It is doubtful that the statute of limitations can be applied at all in a Jimmy Ryce Act proceeding, as there is no point at which the action can be said to have accrued.”).