State v. Ojeda
712 So. 2d 1266, 1998 Fla. App. LEXIS 9068, 1998 WL 405956
Opinion
The State appeals from the trial court’s sua sponte dismissal of Count VI of the Information charging the defendant with possession of a firearm by a violent career criminal. § 790.235, Fla. Stat. (Supp.1996). We reverse finding that the trial court’s dismissal improperly invaded and interfered with the exercise of prosecutorial discretion. State v. Stewart, 554 So.2d 620, 621 (Fla. 3d DCA 1989); State v. Earl, 545 So.2d 415, 415-16 (Fla. 3d DCA 1989).
Reversed and remanded for further proceedings consistent with this opinion.
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State v. Ojeda, 712 So. 2d 1266, 1998 Fla. App. LEXIS 9068, 1998 WL 405956 (Fla. Ct. App. 1998).
712 So. 2d 1266 (State v. Ojeda) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Stewart
554 So. 2d 620 (District Court of Appeal of Florida, 1989)
State v. Earl
545 So. 2d 415 (District Court of Appeal of Florida, 1989)