State v. Powell

District Court of Appeal of Florida

State v. Powell

566 So. 2d 588, 1990 Fla. App. LEXIS 6874, 1990 WL 129931

CourtDistrict Court of Appeal of Florida

DecidedSeptember 11, 1990

DocketNo. 90-372

StatusPublished

Cited by2 cases

This text of 566 So. 2d 588 (State v. Powell) 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. Powell, 566 So. 2d 588, 1990 Fla. App. LEXIS 6874, 1990 WL 129931 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The State of Florida appeals from an order of dismissal for failure to comply with discovery requests.

Dismissal of criminal charges is too excessive a sanction for the State’s failure to comply with discovery requests where, as here, “the defendant was not significantly prejudiced by the State’s failure to produce the requested evidence,” and where the speedy trial period had not yet run. State v. Del Gaudio, 445 So.2d 605, 611 (Fla. 3d DCA), rev. denied, 453 So.2d 45 (Fla.1984). See also, State v. Brown, 527 So.2d 209 (Fla. 3d DCA) (defendant not entitled to dismissal where alleged discovery violation did not adversely affect ability to prepare for trial and information sought would not have been helpful to defense), rev. denied, 534 So.2d 398 (Fla.1988). Accordingly, the order of dismissal is reversed and the cause is remanded for further proceedings consistent with this opinion.

Reversed and remanded.

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PER CURIAM.

The State of Florida appeals from an order of dismissal for failure to comply with discovery requests.

Dismissal of criminal charges is too excessive a sanction for the State’s failure to comply with discovery requests where, as here, “the defendant was not significantly prejudiced by the State’s failure to produce the requested evidence,” and where the speedy trial period had not yet run. State v. Del Gaudio, 445 So.2d 605, 611 (Fla. 3d DCA), rev. denied, 453 So.2d 45 (Fla.1984). See also, State v. Brown, 527 So.2d 209 (Fla. 3d DCA) (defendant not entitled to dismissal where alleged discovery violation did not adversely affect ability to prepare for trial and information sought would not have been helpful to defense), rev. denied, 534 So.2d 398 (Fla.1988). Accordingly, the order of dismissal is reversed and the cause is remanded for further proceedings consistent with this opinion.

Reversed and remanded.

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566 So. 2d 588, 1990 Fla. App. LEXIS 6874, 1990 WL 129931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-powell-fladistctapp-1990.

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