THE STATE OF FLORIDA, APPELLANT,
v.
DOROTHY LILLIAN OLIVER, APPELLEE
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PER CURIAM.
The State of Florida appeals an order of dismissal for failure to comply with defendant’s request for discovery.
Defendant was informed against for possession of cannabis [§ 893.13, Fla.Stat.]. At a hearing on December 2, 1974, defendant moved that the State fully comply with her request for full discovery and furnish her a copy of the affidavit for search warrant and the search warrant. The trial judge ordered the State to produce and deliver these documents within 15 days to the defendant. The State failed to produce the documents and on January 13, 1975, defendant filed a motion to dismiss which was granted by the trial judge after hearing argument of counsel. This appeal follows. We affirm. The State having failed to comply with the court order and the rules of criminal procedure (RCrP 3.-220(a) (1) (ix), it is within the discretion of the trial judge to dismiss the cause as a sanction [RCrP 3.220(j) ] and we find no abuse of discretion in granting defendant’s motion to dismiss in the case sub judice.
Affirmed.
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State v. del Gaudio, 445 So. 2d 605 (Fla. 3d DCA 1984)…dication in the court's decision that double jeopardy was the basis for the dismissal. Indeed, the cases cited in McCloud, State v. Gomez, 419 So. 2d 422 (Fla. 3d DCA 1982), State v. Hilliard, 409 So. 2d 211 (Fla. 4th DCA 1982), and State v. Oliver, 322 So. 2d 638 (Fla. 3d DCA 1975), all of which involved dismissals before trial, indicate that the dismissal in McCloud was simply grounded on the discovery violation. In both Gomez and Hilliard, there are findings that the discovery violations adversely affected…
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State v. Rogel Vixamar, 687 So. 2d 300 (Fla. 4th DCA 1997)…failed to comply with an applicable discovery rule or with an order issued pursuant to an applicable discovery rule.” See State v. Ryan, 513 So. 2d 753, 754 (Fla. 4th DCA 1987); State v. Burnison, 438 So. 2d 538 (Fla. 2d DCA 1983); State v. Oliver, 322 So. 2d 638 (Fla. 3d DCA 1975). Dismissal of charges against a defendant is an extreme sanction that should be utilized with caution, only when a lesser sanction would not accomplish the same result. State v. Del Gaudio, 445 So. 2d 605, 608 (Fla. 3d DCA), rev.…
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State v. O. C. "Sonny" King, 372 So. 2d 1126 (Fla. 2d DCA 1979)…documents relating to taped conversations in both cases. While a trial court has the authority to dismiss a cause as a sanction for failure to comply with a court order or for violation of a discovery rule, Fla.R.Crim.P. 3.220(j), State v. Oliver, 322 So. 2d 638 (Fla.3d DCA 1975), the dismissal of charges against a defendant is an extreme sanction and one that should be utilized with caution and only when a lesser sanction would not accomplish the desired result. State v. Smith, 342 So. 2d 1094 (Fla.2d DCA…
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