State v. Holmes
40 Fla. Supp. 2d 52
CourtCircuit Court for the Judicial Circuits of Florida
DecidedFebruary 14, 1990
DocketCase No. 89-056 AC
StatusPublished
This text of 40 Fla. Supp. 2d 52 (State v. Holmes) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits 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. Holmes, 40 Fla. Supp. 2d 52 (Fla. Super. Ct. 1990).
Opinion
OPINION OF THE COURT
The victim of a domestic situation informed the court she did not wish to prosecute the defendant. Over objection, the trial court entered a dismissal for lack of prosecution. We reverse on the authority of State v Bryant, 14 FLW 2372 (Fla. 3d DCA, October 10, 1989). In Bryant, the Court held:
“Upon learning that the victim did not want to testify against [53]*53defendant Bryant, the trial court dismissed the charges. Whether to prosecute is a determination to be made by the state, not the trial court. . . .”
Reversed and remanded for further proceedings.
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Bluebook (online)
40 Fla. Supp. 2d 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holmes-flacirct-1990.