THE STATE OF FLORIDA, APPELLANT,
v.
ARMANDO A. VALDES, APPELLEE
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The court held that dismissing criminal charges for the state's failure to produce witnesses for deposition is a departure from the essential requirements of law.
The defendant attempted to depose two potential state witnesses. The trial court ordered the state to produce them, but they failed to appear. The cou…
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NESBITT, Judge.
The state appeals an order dismissing an information charging Armando Valdes with possession of cocaine, intent to sell or deliver cocaine and trafficking in cocaine. We have jurisdiction. Fla.R.App.P. 9.140(c)(1)(A). We reverse.
Armando Valdes made two unsuccessful attempts to depose two potential state witnesses who were participants in the undercover transaction which led to his arrest. The trial court then ordered the state to produce the witnesses for depositions. The witnesses failed to appear at the time scheduled for the depositions. Thereupon, the lower court dismissed all charges against Valdes as a sanction for the state’s failure to produce the witnesses.
It is well established that it is not the responsibility of the prosecution to produce the state’s witnesses for depositions. Turiano v. Butterworth, 416 So. 2d 1261 (Fla. 4th DCA 1982); State v. Adderly, 411 So. 2d 981 (Fla. 3d DCA 1982); State v. Banks, 349 So. 2d 736 (Fla. 3d DCA 1977); State v. Roig, 305 So. 2d 836 (Fla. 3d DCA 1974). Furthermore, as this court stated in State ex rel. Gerstein v. Durant, 348 So. 2d 405, 408 (Fla. 3d DCA 1977): “[t]o order the state to do so, or to dismiss a criminal case for failure of the state to do so, constitutes a departure from essential requirements of law.”
Accordingly, the order dismissing the charges against Valdes is reversed and the cause is remanded for proceedings consistent with this opinion.
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Citator
Cited By (19 total)
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State v. del Gaudio, 445 So. 2d 605 (Fla. 3d DCA 1984)…irst instance, and thus, the State’s inaction or refusal does not constitute a discovery violation. In such a case, the imposition of any sanction against the State — and, a fortiori, dismissal of the charges — is impermissible. See State v. Valdes, 443 So. 2d 302 (Fla. 3d DCA 1983) (dismissal improper where State fails to produce State’s witnesses for deposition); State v. Mesa, 395 So. 2d 242 (Fla. 3d DCA 1981) (dismissal improper where, assuming, arguen-do, that defendants who asserted an entrapment defens…
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State v. Brown, 527 So. 2d 209 (Fla. 3d DCA 1988)…e rescue squad members who had transported her from the scene of her drunken driving arrest in time to conveniently depose them before the trial. Neither of these factors makes out a violation by the state of any discovery rule. See State v. Valdez, 443 So. 2d 302 (Fla. 3d DCA 1983); State v. Mesa, 395 So. 2d 242 (Fla. 3d DCA 1981); State v. Roig, 305 So. 2d 836 (Fla. 3d DCA 1974). Second, and perhaps more important, the circumstances were not shown, as required, to have substantially and adversely affected t…
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The Honorable Jonathan T. Colby v. McNEILL, 595 So. 2d 115 (Fla. 3d DCA 1992)…4 So. 2d 398 (Fla. 3d DCA 1985), rev. denied, 484 So. 2d 10 (Fla.1986); State v. Hutley, 474 So. 2d 233 (Fla. 3d DCA 1985), rev. denied, 486 So. 2d 596 (Fla.1986). . See, e.g., State v. Rodriguez, 483 So. 2d 751 (Fla. 3d DCA 1986); State v. Valdes, 443 So. 2d 302 (Fla. 3d DCA 1983); State v. Roig, 305 So. 2d 836 (Fla. 3d DCA 1974). . Granade v. Ader, 530 So. 2d 1050 (Fla. 3d DCA), rev. denied, 541 So. 2d 1172 (Fla.1988); State v. Brown, 527 So. 2d 209 (Fla. 3d DCA), rev. denied, 534 So. 2d 398 (Fla.1988); S…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Eutansio Antolin Roig, 305 So. 2d 836 (Fla. 3d DCA 1974)
- State of Fla. ex rel. Richard E. Gerstein v. The Honorable N. Joseph Durant, Jr., 348 So. 2d 405 (Fla. 3d DCA 1977)
- State v. Zeb Adderly, 411 So. 2d 981 (Fla. 3d DCA 1982)
- State v. Alykhan Banks, 349 So. 2d 736 (Fla. 3d DCA 1977)
- Abel v. The United States, 416 So. 2d 1261 (Fla. 4th DCA 1982)
- Orazio Turiano v. Butterworth, 416 So. 2d 1261 (Fla. 4th DCA 1982)