THE STATE OF FLORIDA, APPELLANT,
v.
RADHAMES RODRIGUEZ, APPELLEE
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The court held that dismissal for lack of prosecution is an extreme sanction and was too severe in this case.
After a mistrial, the state requested a continuance for its chemist, which was granted. Later, the state requested the cocaine for a new chemist's ana…
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PER CURIAM.
The State of Florida appeals the trial court’s dismissal for lack of prosecution of the charges against defendant Rodriguez. We reverse.
Defendant pled not guilty to the charge of possession of cocaine. His first trial resulted in a hung jury and the trial court declared a mistrial. The trial court retained the exhibits. When the case was called for trial, the defense requested a continuance. Although the state objected, on the ground that its chemist had flown in for the trial and postponement would create a hardship, the trial court granted the continuance. The next time the trial court called the case for trial, the state announced that it was ready but asked to have the cocaine released so that its new chemist could analyze it. Defense counsel moved to dismiss for lack of prosecution and the trial court dismissed the case. The state appeals.
The state properly asserts that dismissal of charges for lack of prosecution is too severe a sanction to impose in this case. Dismissal of charges against a defendant is an extreme sanction to be used only in extraordinary circumstances. State v. Pautier, 548 So. 2d 709 (Fla.3d DCA 1989); State v. Saldarriaga, 486 So. 2d 683 (Fla.3d DCA 1986); State v. Thomas, 519 So. 2d 1091 (Fla.2d DCA 1988); State v. King, 372 So. 2d 1126 (Fla.2d DCA 1979), cert. denied, 385 So. 2d 758 (Fla.1980); see also State v. Alvarez, 258 So. 2d 24 (Fla.3d DCA 1972) (dismissal for lack of prosecution must be substantiated by the record). Here, there is no showing that defendant would have been prejudiced by a short continuance attributable to the state; a prior continuance of greater length was occasioned by defense counsel. King. Accordingly, we reverse the dismissal and remand for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Leopoldo Hellmond, 683 So. 2d 524 (Fla. 3d DCA 1996)…ion to reestablish the record. We conclude that under the circumstances, the sanction of dismissal was unwarranted. “Dismissal of charges against a defendant is an extreme sanction to be used only in extraordinary circumstances.” State v. Rodriguez, 566 So. 2d 521, 522 (Fla. 3d DCA 1990). The obvious rationale for limiting the sanction of dismissal of criminal charges to only those cases where no other sanction can remedy the prejudice to the defendant is to insure that the public’s interest in having person…
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State v. T.G., 990 So. 2d 1183 (Fla. 3d DCA 2008)…ority opinion. Having failed to consider any lesser available remedy for the late discovery, the majority loses sight of the well-established policy against the use of dismissal of charges as a prosecutorial sanction. See, e.g., State v. Rodriguez, 566 So. 2d 521, 522 (Fla. 3d DCA 1990) (“Dismissal of charges against a defendant is an extreme sanction to be used only in extraordinary circumstances.”); State v. Lowe, 398 So. 2d 962, 963 (Fla. 4th DCA 1981) (“[Discharge of a defendant in a criminal case is an…
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State v. Sherman, 637 So. 2d 995 (Fla. 3d DCA 1994)…. Therefore, the court erred in excluding the witnesses’ testimony and dismissing the cause as a result thereof.”). “Dismissal of charges against a defendant is an extreme sanction to be used only in extraordinary circumstances.” State v. Rodriguez, 566 So. 2d 521, 522 (Fla. 3d DCA 1990) (citations omitted). Defendant’s attempt to justify the dismissal as a dismissal for lack of prosecution is plainly without merit. Reversed and remanded.…
Authorities Cited
- State v. Maritsa Saldarriaga, 486 So. 2d 683 (Fla. 3d DCA 1986)
- State v. Pautier, 548 So. 2d 709 (Fla. 3d DCA 1989)
- State v. Alvarez, 258 So. 2d 24 (Fla. 3d DCA 1972)
- PAN Am. Bank OF Orlando v. Anne J. Yanow, 372 So. 2d 1126 (Fla. 4th DCA 1979)
- State v. O. C. "Sonny" King, 372 So. 2d 1126 (Fla. 2d DCA 1979)
- State v. Thomas, 519 So. 2d 1091 (Fla. 2d DCA 1988)