THE STATE OF FLORIDA, APPELLANT,
v.
EVILIO ESQUEFF, APPELLEE
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Florida appeals from a trial court's dismissal of an information against Evilio Esqueff based on alleged prosecutorial misconduct. The appellate court reverses, holding that a trial court cannot dismiss an information merely because the arrest affidavit has been impeached by later-discovered evidence, as credibility determinations belong to the jury at trial.
A trial court lacks authority to dismiss an information based on prosecutorial misconduct merely because the arrest affidavit has been impeached by other evidence. Credibility questions must be resolved by the jury at trial, not by the trial court on a motion to dismiss. The state is not required to prove its case prior to trial or face dismissal for prosecutorial misconduct absent an established due process violation.
[1] A trial court cannot dismiss an information based on prosecutorial misconduct due to impeachment of an arrest affidavit by subsequent evidence; credibility issues must be…
[2] A prosecution is not rendered in bad faith requiring dismissal simply because the evidence may be insufficient to survive a motion for judgment of acquittal if certain ev…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We are cited to no authority, and our independent research reveals none, which empowers a trial court to dismiss an information based on prosecutorial misconduct because the arrest warrant affidavit upon which the information may have been based has subsequently been impeached by other evidence.”
Establishes the core holding that impeachment of an arrest affidavit is not a valid basis for trial court dismissal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe state filed an information against Esqueff. The arrest affidavit supporting the information was subsequently impeached in material respects by def…
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PER CURIAM.
The state appeals from a trial court order dismissing an information based on prosecutorial misconduct. The trial court concluded that the prosecution below, although begun in good faith, ultimately became a bad faith prosecution to which the court refused to be a party because: (1) the arrest affidavit, upon which the information was allegedly based, was subsequently impeached in certain material respects by defense discovery depositions taken in the case, and (2) the evidence in the record reviewed by the court was insufficient to survive a defense motion for judgment of acquittal made at trial, if the defendant’s statement to the investigating trooper at the scene of the accident in question be disregarded as being inadmissible in evidence. We reverse.
We are cited to no authority, and our independent research reveals none, which empowers a trial court to dismiss an information based on prosecutorial misconduct because the arrest warrant affidavit upon which the information may have been based has subsequently been impeached by other evidence. It is elementary that the trier of fact must resolve such credibility questions at trial, not the trial court on a motion to dismiss. Nor are we aware of any authority which requires that the state prove its case prior to trial or suffer a dismissal of its information for prosecutorial misconduct. Plainly, no due process violation has been established below which justifies the dismissal of the information in this cause. Compare State v. Glosson, 462 So. 2d 1082 (Fla.1985).
It is true that the trial court may, upon a proper sworn motion to dismiss under Fla.R.Crim.P. 3.190(c)(4), dismiss an information in advance of trial on the basis that the material, undisputed facts in the cause do not establish a prima facie case of guilt against the defendant. The trial court, however, made no such ruling in the order under review and, indeed, the motion filed below was not, in fact, a (c)(4) motion. See State v. Maycock, 361 So. 2d 218 (Fla. 3d DCA 1978).
The order appealed from is reversed and the cause is remanded to the trial court for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Boyce E. Glosson, 462 So. 2d 1082 (Fla. 1985)
- Averil Powell v. State, 361 So. 2d 218 (Fla. 3d DCA 1978)