Florida District Courts of Appeal, 1998

State v. Ojeda

State v. Ojeda
Florida District Courts of Appeal · Decided July 22, 1998 · Goderich, Nesbitt, Shevin
712 So. 2d 1266; 1998 Fla. App. LEXIS 9068; 1998 WL 405956 (Southern Reporter, Second Series)

State v. Ojeda

Opinion of the Court

PER CURIAM.

The State appeals from the trial court’s sua sponte dismissal of Count VI of the Information charging the defendant with possession of a firearm by a violent career criminal. § 790.235, Fla. Stat. (Supp. 1996). We reverse finding that the trial court’s dismissal improperly invaded and interfered with the exercise of prosecutorial discretion. State v. Stewart, 554 So.2d 620, 621 (Fla. 3d DCA 1989); State v. Earl, 545 So.2d 415, 415-16 (Fla. 3d DCA 1989).

Reversed and remanded for further proceedings consistent with this opinion.

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