State v. Camacho

District Court of Appeal of Florida

State v. Camacho

661 So. 2d 959, 1995 Fla. App. LEXIS 11382, 1995 WL 623481

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 1995

DocketNo. 94-2864

StatusPublished

Cited by1 cases

This text of 661 So. 2d 959 (State v. Camacho) 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.

Bluebook

State v. Camacho, 661 So. 2d 959, 1995 Fla. App. LEXIS 11382, 1995 WL 623481 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Based on the authority of State v. Robinson, 571 So.2d 40 (Fla. 3d DCA 1990) and State v. Perez, 524 So.2d 482 (Fla. 3d DCA 1988), we reverse the trial court order under review dismissing the information below on the sole ground that the defendant passed a polygraph examination in the case. The law is clear that such a dismissal is invalid and is subject to reversal on appeal where, as here, the state objects in the trial court to the giving of the polygraph examination and does not stipulate with the defendant in writing either that the polygraph test be given or that its results would be admissible in evidence. Robinson; Perez; see Davis v. State, 520 So.2d 572, 574 (Fla.1988).

Reversed.

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PER CURIAM.

Based on the authority of State v. Robinson, 571 So.2d 40 (Fla. 3d DCA 1990) and State v. Perez, 524 So.2d 482 (Fla. 3d DCA 1988), we reverse the trial court order under review dismissing the information below on the sole ground that the defendant passed a polygraph examination in the case. The law is clear that such a dismissal is invalid and is subject to reversal on appeal where, as here, the state objects in the trial court to the giving of the polygraph examination and does not stipulate with the defendant in writing either that the polygraph test be given or that its results would be admissible in evidence. Robinson; Perez; see Davis v. State, 520 So.2d 572, 574 (Fla.1988).

Reversed.

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Bluebook (online)

661 So. 2d 959, 1995 Fla. App. LEXIS 11382, 1995 WL 623481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-camacho-fladistctapp-1995.

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