THE STATE OF FLORIDA, APPELLANT,
v.
VICTOR LAVETTE BRYANT, APPELLEE

Fla. 3d DCA | 1989-10-10
Nos. 89-395, 89-401
Before BASKIN, FERGUSON and COPE, JJ.
549 So. 2d 1155 Florida District Court of Appeal, Third District (1989) Caution
Cited by 17 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon learning that the victim did not want to testify against defendant Bryant, the trial court dismissed the charges. Whether to prosecute is a determination to be made by the state, not the trial court. State v. Brown, 416 So. 2d 1258 (Fla. 4th DCA 1982). We therefore reverse the trial court’s dismissal.

Reversed and remanded for further proceedings.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • State v. Wheeler, 745 So. 2d 1094 (Fla. 4th DCA 1999)
    ….” State v. Cleveland, 390 So. 2d 364, 367 (Fla. 4th DCA 1980), approved, 417 So. 2d 653 (Fla.1982). Similarly, the decision to prosecute does not he with the victim of a crime. McArthur v. State, 597 So. 2d 406 (Fla. 1st DCA 1992); State v. Bryant, 549 So. 2d 1155 (Fla. 3d DCA 1989); Brown, 416 So. 2d at 1259. In McArthur, the victim of a domestic violence battery did not want to pursue charges against the defendant. Rejecting the appellant’s argument for dismissal, the court stated, “[t]he thrust of appellan…
  • State v. Brosky, 79 So. 3d 134 (Fla. 3d DCA 2012)
    …ts.”); State v. L.E., 754 So. 2d 60, 61 (Fla. 3d DCA 2000) (“This court has repeatedly stated that the dismissal of criminal charges is an extreme sanction reserved solely for those instances where no feasible alternative exists.”); State v. Bryant, 549 So. 2d 1155, 1155 (Fla. 3d DCA 1989); State v. Brown, 416 So. 2d 1258 (Fla. 4th DCA 1982); see also State v. J.G., 740 So. 2d 84, 85 (Fla. 3d DCA 1999); State v. Cohen, 662 So. 2d 430 (Fla. 3d DCA 1995); State v. S.M.F., 546 So. 2d 20, 21 (Fla. 3d DCA 1989).…
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  • State v. Rogel Vixamar, 687 So. 2d 300 (Fla. 4th DCA 1997)
    …ion to Dismiss upon the State’s breach of agreement.” [e.o.] On appeal, the state argues that the trial court should have imposed a sanction less severe than dismissal, relying on State v. Bouma, 554 So. 2d 641 (Fla. 4th DCA 1989), State v. Bryant, 549 So. 2d 1155 (Fla. 3d DCA 1989), State v. Rojas, 508 So. 2d 449 (Fla. 3d DCA 1987), and State v. Jackson, 436 So. 2d 985 (Fla. 3d DCA 1983). Its argument is, essentially, that the judge should have afforded the state a continuance to produce the witness and the…
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