THE STATE OF FLORIDA, APPELLANT,
v.
DAMASO ORLANDO PEREZ, APPELLEE
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PER CURIAM.
Defendant was charged by information with possession of cocaine. During a preliminary hearing, the trial judge asked defense counsel if Perez wanted to take a polygraph examination. The judge went on to say that if the defendant passed the exam, the charge would be dismissed, but if he failed, the test result would be admitted into evidence. Defense counsel agreed, but the assistant state attorney objected. The test was administered, Perez passed, and the charge was dismissed. The state appeals.
We hold that the state did not acquiesce and become bound by this agreement. The fact that the assistant state attorney obtained assurance, after objecting, that polygraph results adverse to the defendant could be used as evidence against him did not amount to the state’s acquiescence to the agreement. It was simply a move to protect the state’s interest should the court go ahead with its plan. For this reason, the order of dismissal is reversed with directions to reinstate the information.
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Clark v. State, 651 So. 2d 1309 (Fla. 3d DCA 1995)…it judge in question— was unauthorized and, because the state was not bound to dismiss if Clark passed the polygraph, was then unenforceable for lack of mutuality of obligation. See State v. Serra, 529 So. 2d 1262 (Fla. 3d DCA 1988); State v. Perez, 524 So. 2d 482 (Fla. 3d DCA 1988). Nevertheless, after Clark accepted the offer, the state and the court — although they were not legally bound to do so — in fact fulfilled their part of the bargain by reducing the capital offense of first degree murder to second…
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State v. Caswell Robinson, 571 So. 2d 40 (Fla. 3d DCA 1990)…ther that such a polygraph test be given or that the results thereof would be admissible in evidence, it is clear that the trial court’s order of dismissal was improperly entered. Davis v. State, 520 [*41] So. 2d 572, 574 (Fla.1988); State v. Perez, 524 So. 2d 482 (Fla. 3d DCA 1988). Reversed and remanded.…
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State v. Camacho, 661 So. 2d 959 (Fla. 3d DCA 1995)…PER CURIAM. Based on the authority of State v. Robinson, 571 So. 2d 40 (Fla. 3d DCA 1990) and State v. Perez, 524 So. 2d 482 (Fla. 3d DCA 1988), we reverse the trial court order under review dismissing the information below on the sole ground that the defendant passed a polygraph examination in the case. The law is clear that such a dismissal is invalid and is subject to…