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

CourtDistrict Court of Appeal of Florida

DecidedAugust 2, 1988

DocketNo. 87-2790

StatusPublished

Cited by1 cases

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

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

528 So. 2d 1297, 13 Fla. L. Weekly 1813, 1988 Fla. App. LEXIS 3459, 1988 WL 79325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gonzalez-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack