THE STATE OF FLORIDA, APPELLANT,
v.
EARLES GONZALEZ, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
EARLES GONZALEZ, APPELLEE
528 So. 2d 1297
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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 disclose the identity of a confidential informant does not automatically entitle a defendant to dismissal of the charges. There must be a determination as to the necessity for disclosure, government misconduct, and prejudice to the accused. See State v. Acosta, 439 So. 2d 1024 (Fla. 3d DCA 1983).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Roy Banks, 656 So. 2d 590 (Fla. 2d DCA 1995)…ity of a confidential informant upon court order automatically entitle a defendant to dismissal of the charges. There must be a determination as to the necessity for disclosure, government misconduct, and prejudice to the accused. State v. Gonzalez, 528 So. 2d 1297 (Fla. 3d DCA 1988). The record before us does not support dismissal of the information. As this court recently noted in State v. Burns, 651 So. 2d 717 (Fla. 2d DCA 1995), in order to compel disclosure, a defendant must allege the specific defense…
Authorities Cited
- State v. Acosta, 439 So. 2d 1024 (Fla. 3d DCA 1983)
- Coney v. State, 519 So. 2d 1144 (Fla. 3d DCA 1988)
- State v. Leovigildo Padron, 519 So. 2d 1144 (Fla. 3d DCA 1988)