CARLOS MIGUEL ACOSTA, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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A Florida trial court dismissed a DUI case for lack of prosecution but then vacated its own dismissal order after a civilian witness convinced the judge to proceed. The appellate court held that absent fraud, mistake, or misconduct, a trial court lacks authority to reconsider and set aside a final order dismissing a criminal prosecution, and therefore quashed the conviction.
A trial court lacks authority to reconsider and set aside a final order dismissing a criminal prosecution absent fraud, mistake, inadvertence, misconduct, or the like. The county court acted without jurisdiction in vacating its dismissal order and proceeding with prosecution.
[1] A trial court lacks jurisdiction to reconsider a final disposition adverse to the state in a criminal prosecution absent fraud, mistake, inadvertence, misconduct, or simi…
[2] An order of dismissal entered against the state in a criminal prosecution is a final disposition from which the state's sole remedy is an appeal.
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Join FLexlaw to unlock all legal intelligence“In the absence of fraud, mistake, inadvertence, misconduct or the like, see State v. Burton, 314 So.2d 136 (Fla.1975), none of which admittedly exist here, there is no authority in the criminal rules or otherwise for the trial court to reconsider the correctness of the final disposition adverse to the state of a criminal prosecution.”
Establishes the core legal principle that trial courts lack authority to reconsider final orders dismissing criminal prosecutions absent exceptional circumstances
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Join FLexlaw to unlock all legal intelligenceA DUI case was called for trial in Dade County Court. The assigned prosecutor represented he could not proceed due to the apparent absence of certain …
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SCHWARTZ, Chief Judge.
When this DUI case was called for trial in the Dade County Court, the assigned prosecutor represented that he could not proceed in the apparent absence of certain witnesses and unsuccessfully moved for a continuance. The trial judge thereupon entered a written order dismissing the case for lack of prosecution and the defendant Acosta and his attorney left the courtroom. Immediately thereafter, however, a civilian witness who had been present came forward and, in essence, talked the judge into going on with the case and “setting aside” the dismissal — an oral ruling which was later confirmed in writing on the state’s motion and adhered to notwithstanding the court’s acknowledgment to defense counsel that there were “no grounds” to justify that relief. At a reset trial date, which was still within the speedy trial time, Acosta pled nolo contendere, reserving the right to an appellate challenge of the order va- eating the dismissal. Upon that appeal the circuit court affirmed, but we grant the defendant’s instant petition for certiorari and quash that determination.
In the absence of fraud, mistake, inadvertence, misconduct or the like, see State v. Burton, 314 So. 2d 136 (Fla.1975), none of which admittedly exist here, there is no authority in the criminal rules or otherwise for the trial court to reconsider the correctness of the final disposition adverse to the state of a criminal prosecution.1 State v. Alvarez, 492 So. 2d 710 (Fla. 4th DCA 1986), review denied, 504 So. 2d 768 (Fla.1987), correctly so holds in the entirely indistinguishable instance of an order granting a sworn motion to dismiss. Accord State v. Morris, 359 So. 2d 478 (Fla. 1st DCA 1978), cert, denied, 365 So. 2d 713 (Fla.1978). The county court therefore acted without jurisdiction in setting aside its duly entered order of dismissal and in proceeding against the defendant thereafter. The circuit court’s affirmance of the subsequent conviction was a clear departure from the essential requirements of the law and is consequently quashed with directions to order the county court to dismiss the cause.
Certiorari granted.
. In a situation like this, the prosecutor’s sole method of review is an appeal of the original order of dismissal. In addition, subject to any limitations or speedy trial problems, the case may be refiled.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Armas v. State, 811 So. 2d 775 (Fla. 3d DCA 2002)…er entered sua sponte without notice to the state or an opportunity to be heard. The trial court may reconsider the correctness of a final disposition in cases involving “fraud, mistake, inadvertence, misconduct, or the like[.]” See Acosta v. State, 515 So. 2d 338, 339 (Fla. 3d DCA 1987). See also Metropolitan Dade County v. Curry, 632 So. 2d 667, 668 (Fla. 3d DCA 1994)(“order entered without notice or opportunity to be heard is a void order ... and may be attacked at any time”). As to the merits, we answer…
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State v. Juleo Lopez, 526 So. 2d 1008 (Fla. 4th DCA 1988)…1987), in which the supreme court stated that “Burton stands for the proposition that an order procured by fraud upon the court, including an order denying a motion for post-conviction relief, may be set aside at any time.” See also Acosta v. State, 515 So. 2d 338 (Fla. 3d DCA 1987) (in the absence of fraud, mistake, inadvertence, misconduct or the like, there is no authority for a trial court to reconsider the correctness of a final disposition). This court addressed a similar situation in State v. Alvarez,…
Authorities Cited
- State v. Ollis Burton, 314 So. 2d 136 (Fla. 1975)
- State v. Morris, 359 So. 2d 478 (Fla. 1st DCA 1978)
- State v. Alvarez, 492 So. 2d 710 (Fla. 4th DCA 1986)