STATE OF FLORIDA, APPELLANT,
v.
EDDIE SEAGO, JR., APPELLEE

Fla. 2d DCA | 2000-02-04
No. 2D98-4987
NORTHCUTT and GREEN, JJ„ Concur.
751 So. 2d 161 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 2 cases

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Synopsis

Florida appealed the dismissal of cocaine delivery charges as a sanction for the State's failure to produce a confidential informant for in camera examination. The appellate court reversed, holding that dismissal is an overly harsh sanction when viable alternatives exist to address the failure to comply.


Holding

Dismissal is only appropriate when the State's failure arises from willful noncompliance, calculated official ignorance, or deliberate intentional activity, and when no viable alternative exists. The trial court abused its discretion by dismissing without considering available alternatives.


Headnotes

[1] A trial court must hold an in camera hearing to determine if a confidential informant has helpful information once a defendant shows disclosure is relevant to a specific…

[2] Dismissal of an information as a sanction for the State's failure to produce a confidential informant is appropriate only when the failure arises from willful noncomplian…

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Key Quotes

“Dismissal may be imposed "where the failure of the State to comply with an order to produce a confidential informant, arises from the State's willful noncompliance, calculated official ignorance, or deliberate intentional activity."”

Establishes the standard for when dismissal is permissible as a sanction

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Facts & Procedural History

The State charged Seago with delivery of cocaine within 1000 feet of a school and possession of cocaine. The trial court ordered the State to produce …

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Opinion of the Court
FULMER, Acting Chief Judge.

FULMER, Acting Chief Judge.

The State appeals from an order dismissing an information as a sanction for the State’s failure to produce a confidential informant for an in camera examination. We reverse.

The State filed an information charging Seago with delivery of cocaine within 1000 feet of a school and possession of cocaine. Seago moved to compel disclosure of a confidential informant. On October 13, 1998, the trial court ordered the State to produce the confidential informant to the court for an in camera examination and indicated that it could take place that afternoon. On October 22, 1998, at a calendar call hearing, the trial court indicated that the informant had not yet been produced. The State advised the trial court that the officer who knew the identity and whereabouts of the informant had been “out of the loop” because of an injury and, therefore, additional time was needed. The trial court ordered that the informant be produced on or before November 24, 1998. Apparently, the informant was not produced on November 24, 1998, because on December 4, 1998, the trial court entered a sua sponte order reciting the failure to produce the informant and dismissing the case.

Once a defendant meets the initial burden of showing that disclosure of a confidential informant is relevant to a specific defense, the trial court is required to hold an in camera hearing to determine whether the informant in fact has helpful information. See McCray v. State, 730 So. 2d 817 (Fla. 2d DCA 1999). Here, the trial court properly ordered the in camera inspection. However, when the informant was not produced, the trial court concluded that dismissal was the only viable sanction. We disagree.

The facts of this case are similar to those in State v. Pautier, 548 So. 2d 709 (Fla. 3d DCA 1989), wherein the court discussed the sanction of dismissal for the State’s failure to produce a confidential informant for an in camera hearing. The court held that dismissal may be imposed “where the failure of the State to comply with an order to produce a confidential informant, arises from the State’s willful noncompliance, calculated official ignorance, or deliberate intentional activity.” Id. at 711-12. Dismissal “should only be had when no viable alternative exists.” Id. at 712 (quoting State v. Del Gaudio, 445 So. 2d 605, 608 (Fla. 3d DCA 1984)). In reversing an order of dismissal in that case, the court listed four alternatives that were available to the trial court:

The trial court could have: (1) ordered instanter a writ of bodily attachment of the confidential informant; (2) charged a continuance to the State; (3) held an evidentiary hearing to determine the circumstances surrounding why the confidential informant could not be found; or (4) ordered the disclosure of the confidential informant without an in camera hearing.

Id. (footnote omitted). Here, the trial court failed to consider any alternatives to dismissal or to reconsider the sanction after the State learned of the dismissal and suggested to the trial court that the State should have been given time to correct the problem. Thus, following Pautier, we reverse and remand for the trial court to reinstate the information.

Reversed and remanded.

NORTHCUTT and GREEN, JJ„ Concur.


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Citator

Cited By

  • Simmons v. State, 887 So. 2d 1283 (Fla. 2004)
    …ve been considered by the trial court before the ultimate sanction of dismissal was imposed, including a continuance or an evidentiary hearing to determine why the identity could not be produced. The Second District similarly held in State v. Seago, 751 So. 2d 161 (Fla. 2d DCA 2000), that the trial court’s failure to consider other alternatives to dismissal rendered the order of dismissal inappropriate, and the matter was remanded for consideration of other alternatives. A similar rule has been followed in o…

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