Florida District Courts of Appeal, 1999

State v. Pinsonnault

State v. Pinsonnault
Florida District Courts of Appeal · Decided September 17, 1999 · Hazouri, Klein, Taylor
739 So. 2d 745; 1999 Fla. App. LEXIS 12362; 1999 WL 741056 (Southern Reporter, Second Series)

State v. Pinsonnault

Opinion of the Court

PER CURIAM.

Appellee, a manager of a car dealership, was charged with aggravated battery as a result of an altercation with a man who had taken a car from the dealership. After hearing appellee’s version of the events, when he agreed to plead to a lesser charge at a plea conference, the court, on its own, dismissed the case.

The state has appealed the dismissal, and the appellee agrees that we must reverse. State v. Brown, 416 So.2d 1258, 1259 (Fla. 4th DCA 1982) (determination as to whether to continue a prosecution rests with the prosecutor, the arm of the government representing the public interest, and not with the victim of a crime or the trial court). Reversed.

KLEIN, TAYLOR and HAZOURI, JJ., concur.

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