Florida District Courts of Appeal, 1978

Powell v. State

Powell v. State
Florida District Courts of Appeal · Decided October 18, 1978 · Ervin, Melvin, Mills
364 So. 2d 495; 1978 Fla. App. LEXIS 17017 (Southern Reporter, Second Series)

Powell v. State

Opinion of the Court

MILLS, Acting Chief Judge.

Appellant seeks review of his conviction for possession and sale of a controlled substance, to wit: heroin, urging that the trial court erred in denying his motion for disclosure of the identity of a confidential informer. The facts herein are virtually identical to those expressed in McCants v. State, 363 So.2d 362 (Fla. 1st DCA 1978), HH-217, opinion filed September 21, 1978, and thus the decision therein is dispositive of the issue raised here. Accordingly, since in our view the court did not err in refusing to require disclosure of the identity of the confidential informant, the judgments and sentences are AFFIRMED.

MELVIN, J., concurs. ERVIN, J., dissents.

Dissenting Opinion

ERVIN, Judge,

dissenting.

I dissent for the same reasons previously stated in McCants v. State, 363 So.2d 362, No. HH-217 (Fla. 1st DCA, September 21, 1978).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.