Florida District Courts of Appeal, 1988

State v. Gonzalez

Florida District Courts of Appeal · Decided August 2, 1988 · Ferguson, Hubbart, Pearson

528 So. 2d 1297; 13 Fla. L. Weekly 1813; 1988 Fla. App. LEXIS 3459; 1988 WL 79325 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Banks (Fla. Dist. Ct. App. 1995)

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Opinion of the Court

PER CURIAM.

On the authority of State v. Padron, 519 So.2d 1144 (Fla. 3d DCA 1988), a companion case where the charges against a code-fendant were reinstated, we reverse the order dismissing an information charging the defendant with trafficking and conspiracy to traffic in cocaine. Failure of the state to disclose the identity of a confidential informant does not automatically entitle a defendant to dismissal of the charges. There must be a determination as to the necessity for disclosure, government misconduct, and prejudice to the accused. See State v. Acosta, 439 So.2d 1024 (Fla. 3d DCA 1983).

Reversed and remanded.

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