Filing # 104931199 E-Filed 03/16/2020 12: INTHE COUNTY COURT, FOURTH JUDCIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO.: 20-MM-02233 DIVISION: Q STATE OF FLORIDA vs. GARY ADLER AMENDED MOTION TO DISMISS ‘The Defendant, GARY ADLER, pursuant to Rule 3.190, Florida Rules of Criminal Procedure, moves the Court to enter an order dismissing the sole count in the Information filed in this cause, False Representation as a Licensed Contractor, and as grounds therefore states as follows: 1. ‘The Defendant is charged in this case with one count of False Representation as a Licensed Contractor, a first-degree misdemeanor. 2, ‘The date of the alleged crime ranged between August 2016 and May 5, 2017 3, _Anarrest warrant was obtained by authorities on March 7, 2019 and the Defendant became aware of the warrant in late January and turned himself in for service of the warrant on February 5*, 2020. 4, The State filed the information against the Defendant on March 3, 2020. 5. The applicable statute of limitation, Section 775.15(2)(c), Florida Statutes, requires the State of Florida to “commence” prosecution of Defendant within two years of the alleged offense being committed. 6. Section 775.15(4)(@), Florida Statutes (2019), provides that a prosecution is commenced when “either an indictment or information is filed, provided the ACCEPTED: DUVAL COUNTY, RONNIE FUSS! K. 03/16/2020 02:34:01 PMcapias, summons, or other process issued on such indictment or information is executed without unreasonable delay.” § 775.15(5), Fla. Stat. (2012) 7. Based on the dates of the alleged crime, the statute of limitations had expired by May 4, 2019, 8. The State did not commence its prosecution of the Defendant for the alleged conduct until March 3, 2020. WHEREFORE, the Defendant, Gary Adler, respectfully requests this Court to enter an order dismissing the Information filed in this cause due to the expiration of the statute of limitations. Respectfully submitted, As/ Chaun R- Carmteat REINHOLD LAW FIRM Travis A. Reinhold, Esquire FL Bar No.: 0140392 travis@reinholdlaw.com Tyler V. Gates, Esquire FL Bar No.: 0068816 tyler@reinholdlaw.com 255 North Liberty Street Jacksonville, FL 32202 Shawn R. Carmical, Esquire FL Bar No.: 1001141 shawn@reinholdlaw.com ‘Telephone: (904) 354-2444 Facsimile: (904) 354-2466CERTIFICATE OF SERVIC! I HEREBY CERTIFY that a copy of the above and foregoing Motion to Dismiss has been furnished to Assistant State Attorney Jack Moran at JackM@coj.net by email, on this 16th day of March 2020. Respectfully submitted, Shawn R. Carmical FL Bar No.: 1001141 255 N. Liberty Street Jacksonville, FL 32202 (904) 354-2444 Attorney for Gary Adler