State v. Carter

980 So. 2d 1244, 2008 WL 1960262
Procedural entryThis page is a short order in State v. Carter. Read the opinion of the Court — 2009 Fla. App. LEXIS 18194
District Court of Appeal of Florida·Decided May 7, 2008·No. 2D07-5121·Published

Opinion

980 So.2d 1244 (2008)

STATE of Florida, Petitioner,
v.
Darion CARTER, Respondent.

No. 2D07-5121.

District Court of Appeal of Florida, Second District.

May 7, 2008.

Bill McCollum, Attorney General, Tallahassee, and Sara Macks, Assistant Attorney General, Tampa, for Petitioner.

James F. Manderscheid, Gulfport, for Respondent.

WHATLEY, Judge.

The State of Florida filed this petition for writ of certiorari seeking review of a circuit court order granting Carter's motion to disclose the identity of a confidential informant. Carter correctly concedes that the circuit court departed from the essential requirements of the law in ordering disclosure of the CI's identity, because he did not meet the dictates of State v. Borrego, 970 So.2d 465 (Fla. 2d DCA 2007).[1] Accordingly, we grant the State's petition for writ of certiorari and quash the order compelling disclosure.

Petition granted.

SILBERMAN, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur.

NOTES

[1] We note that the trial court did not have the benefit of Borrego, 970 So.2d 465, because that opinion was issued after the order on appeal was filed.

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State v. Carter, 980 So. 2d 1244, 2008 WL 1960262 (Fla. Ct. App. 2008).

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Related

State v. Borrego
970 So. 2d 465 (District Court of Appeal of Florida, 2007)