THE STATE OF FLORIDA, APPELLANT,
v.
R.P., A JUVENILE, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
R.P., A JUVENILE, APPELLEE
620 So. 2d 795
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon the Defendant’s proper confession of error, we reverse the trial court’s dismissal of the delinquency petition. Where the State requests a continuance due to the unavailability of a witness and the delay would not prejudice the Defendant, a dismissal constitutes an extreme sanction if less severe alternatives exist. See State v. S.M.F., 546 So. 2d 20 (Fla. 3d DCA 1989).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. J.G., 740 So. 2d 84 (Fla. 3d DCA 1999)…State, 674 So. 2d at 99. “Where the State requests a continuance due to the unavailability of a witness and the delay would not prejudice the defendant, a dismissal constitutes an extreme, sanction if less severe alternatives exist.” State v. R.P., 620 So. 2d 795 (Fla. 3d DCA 1993). A ten day continuance certainly would have been a less severe alternative to dismissal. The trial court should have, at the very least, considered the State’s request. Reversed.…
-
Wells v. State, 654 So. 2d 146 (Fla. 3d DCA 1995)…ence to be irrelevant. Relevant evidence is “evidence tending to prove or disprove a material fact.” § 90.401, Fla.Stat. (1993). Here the allegation of indirect criminal contempt requires the willful violation of a court order. See Romano v. Russo, 620 So. 2d 795 (Fla. 3d DCA 1993); Scrimshaw v. State, 592 So. 2d 753 (Fla. 3d DCA 1992); Hunnefeld v. Futch, [*148] 557 So. 2d 916 (Fla. 4th DCA 1990). Intent necessarily is an essential element of contempt. Paul v. Johnson, 604 So. 2d 883 (Fla. 5th DCA 1992); Th…
Authorities Cited
- State v. S.M.F., 546 So. 2d 20 (Fla. 3d DCA 1989)