THE STATE OF FLORIDA, APPELLANT,
v.
ROBERTO PRIETO AND RAUL NIEVES, APPELLEES

Fla. 3d DCA | 1985-12-17
No. 85-848
Before BARKDULL, HUBBART and BASKIN, JJ.
479 So. 2d 320 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state appeals the trial court’s determination that State v. Glosson, 462 So. 2d 1082 (Fla.1985), required dismissal of the criminal charges against defendants, Roberto Prieto and Raul Nieves. Dismissal of an information is not required under Glosson where, as here, payment to the confidential informant was contingent on the quantity of drugs seized and not on cooperation and trial testimony in the resulting criminal prosecution. We therefore hold that the trial court improperly dismissed the information. We reverse and remand as to both defendants.

Reversed and remanded.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Ruiz, 495 So. 2d 256 (Fla. 3d DCA 1986)
    …nce the thrust of Glosson is clearly to prevent the introduction of testimony by the c.i. which may be tainted, if not perjured, as a result of his monetary interest in the outcome, State v. Perez, 493 So. 2d 547 (Fla. 3d DCA 1986); State v. Prieto, 479 So. 2d 320 (Fla. 3d DCA 1985), these representations — by which, of course, the state is and will be strictly bound, Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1981) (Pearson, J., specially concurring); Salcedo v. Asociacion Cubana, Inc., 368 So. 2d 1337 (Fl…
    1 / 2
  • Errol Henderson Moore v. State, 498 So. 2d 612 (Fla. 5th DCA 1986)
    …the jury. In these circumstances, we find no merit in the appellant’s argument that his due process rights were violated. See also Lee v. State, 490 So. 2d 80 (Fla. 1st DCA 1986); Yolman v. State, 473 So. 2d 716 (Fla. 2d DCA 1985); State v. Prieto, 479 So. 2d 320 (Fla. 3d DCA 1985). AFFIRMED. UPCHURCH, C.J., and DAUKSCH, J., concur.…
  • Taylor v. State, 612 So. 2d 626 (Fla. 1st DCA 1993)
    …h use of concealed microphone); Lee v. State, 490 So. 2d 80 (Fla. 1st DCA 1986), quashed on other grounds, 501 So. 2d 591 (Fla.1987) (informant paid after each drug purchase, [*630] fee not contingent upon a successful prosecution); State v. Prieto, 479 So. 2d 320 (Fla. 3d DCA 1985) (payment to informant contingent on the quantity of drugs seized and not on cooperation and trial testimony in the resulting criminal prosecution); Dodd v. State, 475 So. 2d 310 (Fla. 2d DCA 1985), rev. denied, 488 So. 2d 829 (Fla…

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