THE STATE OF FLORIDA, APPELLANT,
v.
CASWELL ROBINSON, APPELLEE
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PER CURIAM.
Based on the defendant’s confession of error which we accept, the final order under review, which dismisses an information charging the defendant Caswell Robinson with robbery, is reversed and the cause is remanded to the trial court for further proceedings.
The trial court dismissed the subject information on the ground that the defendant passed a polygraph examination concerning the charged robbery. Because the state objected to the said polygraph examination and did not stipulate in writing with the defendant either 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 So. 2d 572, 574 (Fla.1988); State v. Perez, 524 So. 2d 482 (Fla. 3d DCA 1988).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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 cle…
Authorities Cited
- Davis v. State, 520 So. 2d 572 (Fla. 1988)
- State v. Damaso Orlando Perez, 524 So. 2d 482 (Fla. 3d DCA 1988)