STATE OF FLORIDA, APPELLANT,
v.
DONALD FRANKLIN, JR., APPELLEE
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The State appeals the dismissal of two criminal cases against Franklin for driving with a suspended license (DWLC). The trial court dismissed the cases based on Franklin's efforts to obtain a license and judicial economy concerns, but the appellate court held this constituted an abuse of discretion and violated the State's prosecutorial authority.
The trial court's dismissal of the two cases over the State's objection was an abuse of discretion. A trial court lacks authority to sua sponte dismiss charges without the State's consent, as the decision to dismiss or enter a nolle prosequi is vested solely in the State's prosecutorial discretion.
[1] A trial court abuses its discretion by dismissing criminal charges over the State's objection, even when motivated by considerations of judicial economy or the defendant'…
[2] The decision to enter a nolle prosequi is vested solely in the discretion of the State, and a trial court cannot sua sponte dismiss charges in a manner that infringes upo…
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Join FLexlaw to unlock all legal intelligence“the dismissal of the two cases over the State's objection was an abuse of discretion”
Establishes the core holding that trial courts cannot dismiss charges without State consent
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Join FLexlaw to unlock all legal intelligenceFranklin was charged in two cases with driving while his license was cancelled, suspended, or revoked as an habitual offender (DWLC), a third-degree f…
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PETERSON, J.
The State of Florida appeals the dismissal of two cases in which Donald Franklin, Jr. was charged with driving while his license was cancelled, suspended or revoked as an habitual offender, (“DWLC”), a third degree felony (case no. 2004-CF-625), and one count of DWLC together with an additional count of possession of cannabis, twenty grams or less, a first degree misdemeanor (ease no. 2004-CF-632).
Franklin entered a plea of nolo conten-dere to DWLC in a third case no. 2004-CF-427, and the trial judge dismissed the two other cases over the objection of the State. The trial court was apparently influenced by Franklin having made efforts to obtain a license, the cost to taxpayers to prosecute, and “the best interest of judicial economy.” Notwithstanding the trial court’s good intentions, the dismissal of the two cases over the State’s objection was an abuse of discretion. See, e.g., State v. Wheeler, 745 So. 2d 1094, 1096 (Fla. 4th DCA 1999) (holding that trial court’s sua sponte dismissal of charge constituted an improper infringement upon state’s discretion to prosecute, notwithstanding trial court’s belief that the best interests of the public and the parties would be served by dismissal); State v. McClain, 509 So. 2d 1360 (Fla. 2d DCA 1987) (holding that trial court was without authority to dismiss charge filed against defendant or to remove allegation from another charge sua sponte, without obtaining state’s consent); State v. Burnett, 468 So. 2d 1119 (Fla. 4th DCA 1985) (holding that trial court could not sua sponte dismiss charges filed against defendant, as court’s actions were tantamount to entering a nol pros on behalf of state, and decision to nol pros an information is vested solely in the discretion of the state).
The dismissals are vacated and the cases remanded to the trial court for further proceedings.
REVERSED and REMANDED.
MONACO and TORPY, JJ., concur.
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Citator
Cited By
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State v. Vieyra (9th Cir. Ct. App. Div. 2014)
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State v. Roldan (9th Cir. Ct. App. Div. 2014)
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State v. Janella Bergan (9th Cir. Ct. App. Div. 2014)
Authorities Cited
- State v. Wheeler, 745 So. 2d 1094 (Fla. 4th DCA 1999)
- State v. McCLAIN, 509 So. 2d 1360 (Fla. 2d DCA 1987)
- Stephen v. State, 468 So. 2d 1119 (Fla. 4th DCA 1985)