GLENN COLEY, PETITIONER,

v.

FLORIDA PAROLE COMMISSION, RESPONDENT

Citator

Cited By

• State v. Brosky, 79 So. 3d 134 (Fla. 3d DCA 2012)
  …CA 1981). The prosecutor has the sole discretion to charge and prosecute criminal acts. McArthur v. State, 597 So. 2d 406, 408 (Fla. 1st DCA 1992). This discretion is not affected by a victim’s change in desire to prosecute. Id,.; State v. Greaux, 977 So. 2d 614, 615 (Fla. 4th DCA 2008). It is not altered by a victim’s refusal to testify. State v. Bryant, 549 So. 2d 1155, 1155 (Fla. 3d DCA 1989). This discretion is inviolate “notwithstanding the court’s belief that the best interests of the public and the p…
• State v. A. J., 255 So. 3d 891 (Fla. 2d DCA 2018)
  …r, the court granted A.J.'s oral motion. The State's discretion to prosecute is "absolute," Barnett v. Antonacci, 122 So. 3d 400, 405 (Fla. 4th DCA 2013) (quoting State v. Cain, 381 So. 2d 1361, 1367 (Fla. 1980)), and "inviolate," State v. Greaux, 977 So. 2d 614, 615 (Fla. 4th DCA 2008) (citing State v. Wheeler, 745 So. 2d 1094, 1096 (Fla. 4th DCA 1999)). "[I]n the absence of [a] statute or motion to dismiss, the decision whether to prosecute or to dismiss charges is a determination to be made by solely…
• City of Hollywood v. Haynie (Fla. 4th DCA 2022)
  …reasonable person would take the view adopted by the trial court. See Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980). We have explained that the State has the sole discretion to charge and prosecute criminal acts. State v. Greaux, 977 So. 2d 614, 615 (Fla. 4th DCA 2008). “This discretion is inviolate ‘[n]otwithstanding the court’s belief that the best interests of the public and the parties would be served by dismissal.’” Id. (alteration in original) (quoting State v. Wheeler, 745 So.…

Authorities Cited

• Hampton v. McDONOUGH, 967 So. 2d 317 (Fla. 1st DCA 2007)