State v. Gonzalez

District Court of Appeal of Florida

State v. Gonzalez

528 So. 2d 1297, 13 Fla. L. Weekly 1813, 1988 Fla. App. LEXIS 3459, 1988 WL 79325

District Court of Appeal of Florida·Decided August 2, 1988·No. No. 87-2790·Published·Cited by 1 cases

Opinion

PER CURIAM.

On the authority of State v. Padron, 519 So.2d 1144 (Fla. 3d DCA 1988), a companion case where the charges against a code-fendant were reinstated, we reverse the order dismissing an information charging the defendant with trafficking and conspiracy to traffic in cocaine. Failure of the state to disclose the identity of a confidential informant does not automatically entitle a defendant to dismissal of the charges. There must be a determination as to the necessity for disclosure, government misconduct, and prejudice to the accused. See State v. Acosta, 439 So.2d 1024 (Fla. 3d DCA 1983).

Reversed and remanded.

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PER CURIAM.

On the authority of State v. Padron, 519 So.2d 1144 (Fla. 3d DCA 1988), a companion case where the charges against a code-fendant were reinstated, we reverse the order dismissing an information charging the defendant with trafficking and conspiracy to traffic in cocaine. Failure of the state to disclose the identity of a confidential informant does not automatically entitle a defendant to dismissal of the charges. There must be a determination as to the necessity for disclosure, government misconduct, and prejudice to the accused. See State v. Acosta, 439 So.2d 1024 (Fla. 3d DCA 1983).

Reversed and remanded.

State v. Gonzalez, 528 So. 2d 1297, 13 Fla. L. Weekly 1813, 1988 Fla. App. LEXIS 3459, 1988 WL 79325 (Fla. Ct. App. 1988).

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Opinion

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