THE STATE OF FLORIDA, APPELLANT,
v.
CARMELO O. MENA, ZOILA S. GONZALEZ, AND FELIX S. CABADA, APPELLEES
PER CURIAM.
The trial court’s order dismissing the charges against the defendants is reversed upon the holdings that the State fulfilled its obligation to the defendants when it furnished them with the address of the informer whose name was already known to them, State v. Rodriguez, 483 So. 2d 751 (Fla. 3d DCA 1986); and, absent some showing that the State “either through calculated official ignorance or deliberate, intentional activity was at fault for the informer’s disappearance in this case, or for its failure to know the informer’s whereabouts,” Guzman v. State, 498 So. 2d 639, 639 (Fla. 3d DCA 1986), the State cannot be held responsible for the defendants’ inability to procure the informer as a defense witness at trial.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Rojas, 508 So. 2d 449 (Fla. 3d DCA 1987)…entional activity, was at fault for its failure to know the informant’s whereabouts.” Guzman v. State, 498 So. 2d 639, 639 (Fla. 3d DCA 1986). Absent such a showing of fault or bad faith, the sanction of dismissal is unwarranted. Id.; State v. Mena, 505 So. 2d 681 (Fla. 3d DCA 1987). Moreover, the state generally does not have an obligation to produce witnesses for deposition. State v. Rodriguez, 483 So. 2d 751 (Fla. 3d DCA 1986). Reversed and remanded for further proceedings.…
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State v. Matos, 589 So. 2d 1022 (Fla. 3d DCA 1991)…hat the State Attorney’s office made a mistake in contacting the codefendant’s lawyer instead of Matos’ lawyer, the mistake was clearly inadvertent. Moreover, the State cannot be charged here with the disappearance of the witness. See State v. Mena, 505 So. 2d 681 (Fla. 3d DCA 1987) (dismissal of charges unwarranted where State had furnished name arid address of confidential informant; State could not be held responsible for defendant’s inability to procure the informer as defense witness). Reversed and rem…
Authorities Cited
- State v. Eugenio Rodriguez, 483 So. 2d 751 (Fla. 3d DCA 1986)
- Fidel Guzman v. State, 498 So. 2d 639 (Fla. 3d DCA 1986)
- Beylund v. Baltasar Gomez, 498 So. 2d 639 (Fla. 3d DCA 1986)