State v. Burnett

District Court of Appeal of Florida

State v. Burnett

468 So. 2d 1119, 10 Fla. L. Weekly 1276, 1985 Fla. App. LEXIS 14043

CourtDistrict Court of Appeal of Florida

DecidedMay 22, 1985

DocketNos. 84-2311, 84-2312

StatusPublished

Cited by3 cases

This text of 468 So. 2d 1119 (State v. Burnett) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Burnett, 468 So. 2d 1119, 10 Fla. L. Weekly 1276, 1985 Fla. App. LEXIS 14043 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The State charged appellee in four separate informations filed in Case Nos. 84-10381 CF, 84-10954 CF, 84-10956 CF and 84-1123 CF. Each information related to a separate incident and date when appellee delivered one-half gram of cocaine to undercover agents.

The court advised appellee that it would allow him to plead no contest in Case Nos. 84-10381 CF and 84-10954 CF and that he would be placed on eighteen months probation and one hundred hours of community service. After appellee pled no contest in these two cases, the court sua sponte dismissed the charges filed against appellee in Case Nos. 84-10956 CF and 84-1123 CF. The State argues that the court’s actions were tantamount to entering a nol-pros on behalf of the State. We agree and reverse.

Florida Rule of Criminal Procedure 3.190(c)(4) enumerates the grounds upon which the court may entertain a motion to dismiss. None of these grounds appear present sub judice nor did the court state any reason for dismissal of the informa-tions. The decision to nol-pros an information is vested solely in the discretion of the State. In the Interest of S.R.P., 397 So.2d 1052 (Fla. 4th DCA 1981); State v. Braden, 375 So.2d 49 (Fla. 2d DCA 1979). Therefore, we reverse the order of dismissal and remand this case for further proceedings.

REVERSED and REMANDED.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.

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PER CURIAM.

The State charged appellee in four separate informations filed in Case Nos. 84-10381 CF, 84-10954 CF, 84-10956 CF and 84-1123 CF. Each information related to a separate incident and date when appellee delivered one-half gram of cocaine to undercover agents.

The court advised appellee that it would allow him to plead no contest in Case Nos. 84-10381 CF and 84-10954 CF and that he would be placed on eighteen months probation and one hundred hours of community service. After appellee pled no contest in these two cases, the court sua sponte dismissed the charges filed against appellee in Case Nos. 84-10956 CF and 84-1123 CF. The State argues that the court’s actions were tantamount to entering a nol-pros on behalf of the State. We agree and reverse.

Florida Rule of Criminal Procedure 3.190(c)(4) enumerates the grounds upon which the court may entertain a motion to dismiss. None of these grounds appear present sub judice nor did the court state any reason for dismissal of the informa-tions. The decision to nol-pros an information is vested solely in the discretion of the State. In the Interest of S.R.P., 397 So.2d 1052 (Fla. 4th DCA 1981); State v. Braden, 375 So.2d 49 (Fla. 2d DCA 1979). Therefore, we reverse the order of dismissal and remand this case for further proceedings.

REVERSED and REMANDED.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.

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468 So. 2d 1119, 10 Fla. L. Weekly 1276, 1985 Fla. App. LEXIS 14043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-burnett-fladistctapp-1985.

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