Florida District Courts of Appeal, 1988

State v. Padron

State v. Padron
Florida District Courts of Appeal · Decided February 16, 1988 · Baskin, Ferguson, Hendry
519 So. 2d 1144; 13 Fla. L. Weekly 479; 1988 Fla. App. LEXIS 644; 1988 WL 10218 (Southern Reporter, Second Series)

State v. Padron

Opinion of the Court

PER CURIAM.

The trial court dismissed the charges against Padrón based on the state’s failure to disclose the identity of the confidential informant. The court found that defendant may have been prejudiced in his ability to present his asserted defense of entrap*1145ment. We remand the cause for further proceedings to enable the trial court to determine whether the state’s conduct falls within the ruling of Aldazabal v. State, 471 So.2d 639 (Fla. 3d DCA 1985).

Reversed and remanded.

HENDRY and BASKIN, JJ., concur.

Concurring Opinion

FERGUSON, Judge

(concurring).

Unlike in Aldazabal v. State, 471 So.2d 639 (Fla. 3d DCA 1985), it is not alleged that the confidential informant here was the only participant or an active participant in the negotiations for the drug transaction which forms the basis for the prosecution. Nothing in the affidavit filed in support of the motion to dismiss shows that police conduct exceeded permissible bounds as a matter of law, or negates the existence of an opportunistic predisposition on the part of the defendant to commit the offenses. In sum there is no showing of such great prejudice as would warrant the severe sanction of dismissal of the charges. I agree that on the present state of the record, as in State v. Manderville, 512 So.2d 326 (Fla. 3d DCA 1987), dismissal of the case was premature.

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