State v. Gonzalez, 528 So. 2d 1297 (Fla. 3d DCA 1988). · Go Syfert
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State v. Gonzalez, 528 So. 2d 1297 (Fla. 3d DCA 1988). Cases Citing This Book View Copy Cite
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The STATE of Florida
v.
Earles GONZALEZ
No. 87-2790.
District Court of Appeal of Florida, Third District.
Aug 2, 1988.
Published opinion
528 So. 2d 1297
1988 Fla. App. LEXIS 3459
1988 WL 79325
Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellant., Karon, Savikas & Horn and Joshua D. Lerner and Joseph R. Gomez, Sidney Efronson, for appellee.
Ferguson, Hubbart, Pearson.
Cited by 1 opinion  |  Published
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.