# State v. Brown

> District Court of Appeal of Florida · December 2, 1987 · 12 Fla. L. Weekly 2761

URL: https://www.frixlaw.com/law-library/cases/7562198

## Case

- **Full name:** STATE of Florida v. Britton BROWN
- **Court:** District Court of Appeal of Florida
- **Decided:** December 2, 1987
- **Citations:** 12 Fla. L. Weekly 2761; 516 So. 2d 65; 1987 Fla. App. LEXIS 11324; 1987 WL 2130
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Scheb
- **Judges:** Danahy, Hall, Scheb
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7562198

## Opinion text

SCHEB, Judge.
The state charged the defendant with possession of a controlled substance. At trial, but before the jury was sworn, the state entered a nolle prosequi of its case. Fifteen days later the state refiled an amended information charging the defendant with two counts of possession of a controlled substance.
The defendant moved to dismiss arguing that the state had instituted the new procedure in bad faith. The court granted the defendant’s motion and dismissed the state’s amended information with prejudice. The state appeals.
We vacate the order of dismissal and reinstate the state’s amended information. See State v. Padron, 506 So.2d 462 (Fla. 2d DCA 1987).
DANAHY, C.J., and HALL, J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7562198. Public record. Not legal advice.