DONALD KING, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1974-06-25
No. V-140
SPECTOR, Acting C. J., and JOHNSON and BOYER, JJ., concur.
296 So. 2d 62 Florida District Court of Appeal, First District (1974) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks reversal of his convictions, entered pursuant to jury verdicts, for the crimes of possession of a controlled substance (heroin) and possession of less than five grams of marijuana.

His sole contention on appeal is that the trial court erred in not compelling the State to disclose the identity of a confidential informant who introduced the State’s primary witness to the appellant. Wé have carefully examined the briefs submitted by the parties and the record on appeal. It appearing therefrom that appellant failed-to raise this issue in his motion for new trial, failed to assign this issue as error in his Assignments of Error and failed to establish either by a motion for disclosure or by the evidence that the testimony of the confidential informant would be of such essential relevancy or materiality as to justify or require disclosure of his identity, the judgments and sentences appealed herein are affirmed. Doe v. State, 262 So. 2d 11 (Fla.App.3rd, 1972).

Affirmed.

SPECTOR, Acting C. J., and JOHNSON and BOYER, JJ., concur.


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Cited By

  • State v. Jones, 323 So. 2d 595 (Fla. 3d DCA 1975)
    …rding the identity of a confidential informant, that the State has a privilege of non-disclosure and the burden is on the defendant claiming an exception to the privilege to show why disclosure should be required. Accord King v. State, Fla.App.1974, 296 So. 2d 62; English v. State, Fla.App.1974, 301 So. 2d 813. Careful review of the record discloses no evidentiary showing in the motion or at the hearings before the trial court, that the testimony of the confidential informant would have been of such essenti…

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