LEROY TURNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Rogel Vixamar, 687 So. 2d 300 (Fla. 4th DCA 1997)
  …o enter a nolle prosequi, or giving the state a reasonable time to enter one, would have accomplished the desired result — to enforce the precise promise made by the prosecutor. See State v. Cohen, 662 So. 2d 430 (Fla. 3d DCA 1995); State v. Briggs, 578 So. 2d 901 (Fla. 4th DCA 1991). The court’s dismissal went far beyond the disposition negotiated by the parties. The dismissal amounted to punishment for the prosecutor being tardy to court and for his coworkers being unprepared. No court in Florida has ever c…
• State v. Mordechy Cohen, 662 So. 2d 430 (Fla. 3d DCA 1995)
  …tion in considering a continuance motion, State v. Lundy, 531 So. 2d 1020 (Fla. 2d DCA 1988), the trial court abused its discretion in this case by responding with a dismissal. See State v. Macon, 584 So. 2d 218 (Fla. 4th DCA 1991); State v. Briggs, 578 So. 2d 901 (Fla. 4th DCA 1991). As this Court has stated, the trial court had several alternatives available other than sua sponte dismissal of the case: (1) deny the continuance motion, but allow the State meaningful opportunity to consider entering a nolle…
• State v. MacOn, 584 So. 2d 218 (Fla. 4th DCA 1991)
  …re ready to proceed. Dismissal of criminal charges is only an action of last resort where no viable alternative exists. State v. Ottrock, 573 So. 2d 169 (Fla. 4th DCA 1991). Dismissal here constituted an abuse of discretion. See State v. Briggs, 578 So. 2d 901 (Fla. 4th DCA 1991); State v. Wilson, 498 So. 2d 1053 (Fla. 4th DCA 1986); State v. Evans, 418 So. 2d 459 (Fla. 4th DCA 1982). GLICKSTEIN, C.J., ANSTEAD, J., and OFTEDAL, RICHARD L., Associate Judge, concur.…