STATE OF FLORIDA, APPELLANT,
v.
L.E., A JUVENILE, APPELLEE
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The State appealed the trial court's dismissal of grand theft charges against juvenile L.E. after a state witness failed to appear for a deposition. The appellate court reversed, holding that dismissal of criminal charges is an extreme sanction that should only be used when no feasible alternatives exist, and the trial court abused its discretion by summarily dismissing without considering other remedies.
The court held that dismissal of criminal charges is an extreme sanction reserved for instances where no feasible alternative exists. The trial court abused its discretion by summarily dismissing the case without considering alternatives such as a nolle prosequi and refiling or proceeding to trial without the witness.
[1] Dismissal of criminal charges is an extreme sanction reserved for instances where no feasible alternative exists.
[2] Dismissal of criminal charges punishes the public and results in a windfall to the defendant.
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Join FLexlaw to unlock all legal intelligence“the dismissal of criminal charges is an extreme sanction reserved solely for those instances where no feasible alternative exists”
Establishes the legal standard that dismissal should only be used as a last resort in criminal cases.
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Join FLexlaw to unlock all legal intelligenceA state witness, Luis Arce, failed to appear for his deposition in a grand theft case against juvenile L.E. A show cause order was issued requiring Ar…
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PER CURIAM.
The state appeals the trial court’s sua sponte dismissal of its grand theft ease against the appellee, L.E., following the failure of a state witness to appear pursuant a show cause order. We reverse.
After one of the state’s witnesses in this cause, Luis Arce, failed to appear for his deposition, an order to show cause was issued requiring Mr. Arce to appear before the court to explain why he should not be declared in contempt of court. When Mr. Arce failed to appear at the time noticed, counsel for L.E. moved to excuse him as a witness. The state asked the court to wait and explained that it was in the process of contacting Mr. Arce as it is the policy of its office to place witnesses on standby until a case is called. The trial court not only excluded this witness but summarily dismissed this case and bidded the parties adieu.
The state appeals and argues that the court’s summary dismissal of this case without consideration of viable alternatives was an abuse of discretion. We entirely agree and reverse.
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. See State v. J.G., 740 So. 2d 84, 85 (Fla. 3d DCA 1999); State v. Cohen, 662 So. 2d 480 (Fla. 3d DCA 1995); State v. S.M.F., 546 So. 2d 20, 21 (Fla. 3d DCA 1989). The reason that dismissal of criminal charges should be utilized as a last resort is that this sanction punishes the public not the state or the witness who fails to appear, and results in a windfall to the appellee. See State v. T.H., 592 So. 2d 759, 760 (Fla. 5th DCA, 1992) (citing State v. Del Gaudio, 445 So. 2d 605, 608 (Fla. 3d DCA) rev. denied, 453 So. 2d 45 (Fla.1984)).
In summarily dismissing this case, the trial court first of all granted relief to L.E. which had not been requested. More importantly, it foreclosed the state from exercising available alternatives, such as entering a nolle prosequi and refiling the charges or proceeding to trial without the witness, see T.H., 592 So. 2d at 760. Under these circumstances, we thus conclude that the dismissal constituted an abuse of discretion.
Reversed and remanded.
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State v. Brosky, 79 So. 3d 134 (Fla. 3d DCA 2012)…ate, 951 So. 2d 931, 933 (Fla. 4th DCA 2007) (“This court has previously held that the dismissal of an information is ‘an action of such magnitude that resort to such a sanction should only be had when no viable alternative exists.”); 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…1 / 2
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State v. Trisha Nicole Bonnett, 985 So. 2d 1194 (Fla. 3d DCA 2008)…itness who fails to appear, and results in a windfall to the appellee. See State v. T.H., 592 So. 2d 759, 760 (Fla. 5th DCA, 1992) (citing State v. Del Gaudio, 445 So. 2d 605, 608 (Fla. 3d DCA) rev. denied, 453 So. 2d 45 (Fla.1984)). State v. L.E., 754 So. 2d 60, 61 (Fla. 3d DCA 2000); see State v. Leon, 967 So. 2d 437, 437 (Fla. 4th DCA 2007) (“[W]e agree that reversal is required because the trial court’s action in dismissing the case was an abuse of discretion and constituted an improper infringement upo…
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State v. L.J.T., 921 So. 2d 746 (Fla. 5th DCA 2006)…2000). Dismissal is an extreme sanction that should be employed only when lesser sanctions would not achieve the desired result. Carpenter, 899 So. 2d at 1182 (citing State v. Thomas, 622 So. 2d 174, 175 (Fla. 5th DCA 1993)); see also State v. L.E., 754 So. 2d 60, 61 (Fla. 3d DCA 2000); State v. S.M.F., 546 So. 2d 20, 20-21 (Fla. 3d DCA 1989). Courts restrict dismissal to “cases where no other sanction can remedy the prejudice to the defendant ... to insure that the public’s interest in having persons accuse…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. del Gaudio, 445 So. 2d 605 (Fla. 3d DCA 1984)
- State v. S.M.F., 546 So. 2d 20 (Fla. 3d DCA 1989)
- State v. J.G., 740 So. 2d 84 (Fla. 3d DCA 1999)
- State v. T.H., 592 So. 2d 759 (Fla. 5th DCA 1992)