THE STATE OF FLORIDA, APPELLANT,
v.
ALBERTO CAMACHO, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
ALBERTO CAMACHO, APPELLEE
661 So. 2d 959
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Based on the authority of State v. Robinson, 571 So. 2d 40 (Fla. 3d DCA 1990) and State v. Perez, 524 So. 2d 482 (Fla. 3d DCA 1988), we reverse the trial court order under review dismissing the information below on the sole ground that the defendant passed a polygraph examination in the case. The law is clear that such a dismissal is invalid and is subject to reversal on appeal where, as here, the state objects in the trial court to the giving of the polygraph examination and does not stipulate with the defendant in writing either that the polygraph test be given or that its results would be admissible in evidence. Robinson; Perez; see Davis v. State, 520 So. 2d 572, 574 (Fla.1988).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. E.J.J., 682 So. 2d 206 (Fla. 5th DCA 1996)…olygraph examination, absent consent by both state and defendant, are inadmissible into evidence because they have not been shown to be reliable; the same rule applies even when the results appear to be favorable to the defendant); State v. Camacho, 661 So. 2d 959 (Fla. 3d DCA 1995) (trial court committed reversible error in dismissing information on the sole ground of defendant passing a polygraph test when such test and its results were not stipulated to by the state). Although not cited by the state in th…
Authorities Cited
- Davis v. State, 520 So. 2d 572 (Fla. 1988)
- State v. Damaso Orlando Perez, 524 So. 2d 482 (Fla. 3d DCA 1988)
- State v. Caswell Robinson, 571 So. 2d 40 (Fla. 3d DCA 1990)