STATE OF FLORIDA, APPELLANT,
v.
FREDDY COLON, APPELLEE
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Florida appellate court reversed dismissal of cocaine possession charges, holding that a trial court abuses its discretion by dismissing criminal charges as a sanction when the defendant has not requested dismissal and less extreme alternatives remain available.
Dismissal of criminal charges is an abuse of discretion when the defendant requests only a continuance and the court grants relief not requested without exhausting feasible alternatives.
[1] Dismissal of criminal charges as a sanction is an abuse of discretion when the defendant requests only a continuance, the State offers to assist in producing witnesses, a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[D]ismissal of criminal charges is an extreme sanction reserved solely for those instances where no feasible alternative exists.”
Court explaining the proper standard for dismissal as a sanction in criminal cases, citing State v. L.E., 754 So. 2d 60, 61 (Fla. 3d DCA 2000).
Freddy Colon was charged with possession of cocaine and possession of a controlled substance. The defense requested two continuances due to difficulty…
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VILLANTI, Judge.
The State appeals the dismissal of its case in which Freddy Colon was charged with possession of cocaine and possession of a controlled substance. Colon entered a not guilty plea on February 12, 2004. The defense requested one continuance on April 20, 2004, and asked for another on July 15, 2004, because it was having difficulty serving Seminole Police Department officers and a Seminole Hard Rock Casino security guard with subpoenas, and the officers had failed to appear for depositions. The State agreed to a continuance, offering to assist in producing the witnesses. But, instead of granting the second continuance request, the trial court inexplicably dismissed the case over the State’s objection.
Although a trial court has broad discretion to grant or deny a motion for a continuance, the trial court abused its discretion in dismissing the case against Colon. “[Djismissal of criminal charges is an extreme sanction reserved solely for those instances where no feasible alternative exists.” State v. L.E., 754 So. 2d 60, 61 (Fla. 3d DCA 2000); accord, State v. Lundy, 531 So. 2d 1020 (Fla. 2d DCA 1988). Here, Colon did not even ask for dismissal of the charges; he moved for a continuance to allow the State to assist in producing the witnesses. By dismissing the case against Colon, the court granted relief Colon had not requested and foreclosed the State from exercising available alternatives. Therefore, we reverse the trial court’s dismissal and remand for further proceedings.
Reversed; remanded for further proceedings.
NORTHCUTT and LaROSE, JJ„ Concur.
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Citator
Authorities Cited
- State v. L.E., 754 So. 2d 60 (Fla. 3d DCA 2000)
- State v. Lundy, 531 So. 2d 1020 (Fla. 2d DCA 1988)