Opinion

State v. Brown

  • 393 So. 2d 1195
  • 1981 Fla. App. LEXIS 19498
Court
District Court of Appeal of Florida
Filed
Feb 17, 1981
Status
Published
On the bench
Baskin, Hubbart, Schwartz
Cited by
5 cases
Authority
More cited than 82.7%

The opinion

PER CURIAM.

By this appeal, we are asked to review a trial court order dismissing an information in a criminal case based on a discovery violation committed by the state. § 924.-07(1), Fla.Stat. (1979). Although we share the trial court’s frustration in attempting to get this case to trial in the face of innumerable delays seemingly occasioned by the state, we are nonetheless compelled to reverse because, in our view, the circumstances of this case did not call for the drastic remedy of dismissal. See Fla.R.Crim.P. 3.220(j). We discern on this record no willful, but only a negligent discovery violation by the state and no actual prejudice suffered by the defendant as a result of the violation. Although there were many trial delays in this case, all agree that these delays did not violate the defendant’s speedy trial rights. Based on the established law of this state, we must reverse the order under review and remand for further proceedings. State v. King, 372 So.2d 1126 (Fla. 2d DCA 1979), cert. denied, 385 So.2d 758 (Fla.1980).

Reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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