THE STATE OF FLORIDA, APPELLANT,
v.
LEOVIGILDO PADRON, APPELLEE

Fla. 3d DCA | 1988-02-16
No. 87-516
Before HENDRY, BASKIN and FERGUSON, JJ., HENDRY and BASKIN, JJ., concur.
519 So. 2d 1144 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court dismissed the charges against Padrón based on the state’s failure to disclose the identity of the confidential informant. The court found that defendant may have been prejudiced in his ability to present his asserted defense of entrap ment. We remand the cause for further proceedings to enable the trial court to determine whether the state’s conduct falls within the ruling of Aldazabal v. State, 471 So. 2d 639 (Fla. 3d DCA 1985).

Reversed and remanded.

HENDRY and BASKIN, JJ., concur.

Concurrence
FERGUSON, Judge

FERGUSON, Judge

(concurring).

Unlike in Aldazabal v. State, 471 So. 2d 639 (Fla. 3d DCA 1985), it is not alleged that the confidential informant here was the only participant or an active participant in the negotiations for the drug transaction which forms the basis for the prosecution. Nothing in the affidavit filed in support of the motion to dismiss shows that police conduct exceeded permissible bounds as a matter of law, or negates the existence of an opportunistic predisposition on the part of the defendant to commit the offenses. In sum there is no showing of such great prejudice as would warrant the severe sanction of dismissal of the charges. I agree that on the present state of the record, as in State v. Manderville, 512 So. 2d 326 (Fla. 3d DCA 1987), dismissal of the case was premature.


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  • State v. Earles Gonzalez, 528 So. 2d 1297 (Fla. 3d DCA 1988)
    …PER CURIAM. On the authority of State v. Padron, 519 So. 2d 1144 (Fla. 3d DCA 1988), a companion case where the charges against a code-fendant were reinstated, we reverse the order dismissing an information charging the defendant with trafficking and conspiracy to traffic in cocaine. Failure of the state to discl…
  • Smith v. State, 677 So. 2d 422 (Fla. 3d DCA 1996)
    …ated his probation. However, as the State properly concedes, the trial court failed to give the defendant full credit for time served under the first part of his split sentence. See Jones v. State, 570 So. 2d 345 (Fla. 5th DCA 1990); Coney v. State, 519 So. 2d 1144 (Fla. 3d DCA 1988). Accordingly, we reverse the portion of the order calculating the defendant’s credit for time served and remand to the trial court for a determination of the proper credit for time served. Affirmed, in part; reversed, in part; a…

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