STATE OF FLORIDA
v.
TRAVIS THORN
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The State of Florida appealed a trial court's sua sponte dismissal of a Driving While License Suspended charge. The appellate court held that a trial court lacks authority to dismiss charges without a motion or statute, even if it believes the State cannot prove its case, and reversed the dismissal.
A trial court lacks authority to sua sponte dismiss criminal charges absent a statute or motion to dismiss. The decision to prosecute or dismiss charges is exclusively within the discretion of the State, and a sua sponte dismissal constitutes an abuse of discretion.
[1] A trial court abuses its discretion by sua sponte dismissing criminal charges when the defendant has not filed a motion to dismiss and intends to enter a plea.
[2] The decision to prosecute or dismiss criminal charges rests solely with the State, absent a governing statute or a motion to dismiss filed by the defendant.
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Join FLexlaw to unlock all legal intelligence“the decision to prosecute or dismiss charges is a decision to be determined solely by the State in the absence of a statue or motion to dismiss”
Establishes the fundamental principle that prosecutorial discretion belongs exclusively to the State
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Join FLexlaw to unlock all legal intelligenceOn October 27, 2012, Travis Thorn was arrested for Driving While License Suspended. At a plea hearing on April 1, 2013, Thorn—through counsel—requeste…
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Before LEBLANC, MYERS, S. KEST, J.J.
PER CURIAM.
FINAL ORDER REVERSING TRIAL COURT
Appellant, the State of Florida, appeals the trial court’s order dismissing the charge for Driving While License Suspended rendered on April 1, 2013. We reverse and remand.
On October 27, 2012 Appellee, Travis Thorn, was arrested for Driving While License Suspended. On April 1, 2013 the State, Appellee, and Appellee’s defense counsel attended a plea hearing and through counsel, Appellee requested the trial court accept the negotiated plea of no contest to Driving Without a Valid Driver License. After some discussion, the trial court 2 of 3 stated that the State would not be able to prove its case and dismissed the charge sua sponte. The State objected to the trial court’s sua sponte dismissal. The trial court noted that the objection was on the record and concluded the hearing.
The State argues that in the absence of a statute or motion to dismiss, the decision to dismiss or prosecute charges is to be made solely by the State. The State contends that there is no evidence that Appellee requested a dismissal of the charge at the plea hearing, but instead intended to enter a plea. The State claims that even if the trial court’s statement that the State would be unable to prove its case was correct, the trial court’s sua sponte dismissal of the charge was an abuse of discretion and the order of dismissal must be reversed.
Appellee argues that the trial court made the correct ruling dismissing the charge based on the facts. However, Appellee concedes that the trial court’s sua sponte dismissal was improper and the defense should have filed a motion to dismiss.
Sua sponte orders dismissing charges are reviewed by an abuse of discretion standard. State v. Brosky, 79 So. 3d 134 (Fla. 3d DCA 2012); State v. Leon, 967 So. 2d 437 (Fla. 4th DCA 2007). As the State argues, the decision to prosecute or dismiss charges is a decision to be determined solely by the State in the absence of a statue or motion to dismiss. Brosky, 79 So. 3d at 135; Leon, 967 So. 2d at 437. Even if the court believes dismissal would be in the best interest of the public and parties, the decision to prosecute is exclusively within the discretion of the State. Cleveland v. State, 417 So. 2d 653, 654 (Fla. 1982); State v. Wheeler, 745 So. 2d 1094, 1096 (Fla. 4th DCA 1999). In this case, Appellee concedes that a motion to dismiss the charge was not filed, and the record demonstrates that Appellee intended to enter a negotiated plea to Driving Without a Valid Driver License. Therefore, the trial court’s sua sponte dismissal of the charge was an abuse of discretion and the order of dismissal must be reversed. 3 of 3
Based on the foregoing, it is hereby ORDERED AND ADJUDGED that the trial court’s order dismissing the charge of Driving While License Suspended is REVERSED and this matter is REMANDED for reinstatement of the charge.
REVERSED and REMANDED.
DONE AND ORDERED in Chambers at Orlando, Orange County, Florida, this 2nd day of January, 2014.
/S/____________________________ BOB LEBLANC Presiding Circuit Judge
MYERS and S. KEST, J.J., concur. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing order was furnished by U.S. mail/ email to: Dugald McMillan, Assistant State Attorney, [email protected], 415 N. Orange Avenue, Ste. 200, Orlando, Florida 32801; Mark S. Germain, Esq., [email protected], Law Officers of Germain and Coulter, LLC, 2715 N. Harbor City Blvd., Ste. 4, Melbourne, Florida 32935, on this 3rd day of January, 2014.
/S/___________________________
Judicial Assistant
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Citator
Authorities Cited
- Ophelia Johnson Cleveland v. State, 417 So. 2d 653 (Fla. 1982)
- State v. Wheeler, 745 So. 2d 1094 (Fla. 4th DCA 1999)
- State v. Brosky, 79 So. 3d 134 (Fla. 3d DCA 2012)
- State v. Leon, 967 So. 2d 437 (Fla. 4th DCA 2007)