People v. Wells

Defendant filed collateral petition and appeal from 10-year negotiated guilty plea conviction, remanded by appellate court for withdrawal of the plea. State reinstated certain charges, which had been nol-prossed pursuant to his negotiated plea,and after jury trial, Defendant was convicted of aggravated battery of a senior citizen and robbery. By the time State sought reinstatement, limitations period on the only live count underlying plea had expired. Statute of limitations does not begin to run again when a defendant has his conviction vacated after period of limitations has expired on original charges that were dismissed in accordance with plea agreement.(FITZGERALD SMITH and COBBS, concurring.)