State v. Brown

By this appeal, we are asked to review a trial court order dismissing an information in a criminal case based on a discovery violation committed by the state. § 924.-07(1), Fla.Stat. (1979). Although we share the trial court’s frustration in attempting to get this case to trial in the face of innumerable delays seemingly occasioned by the state, we are nonetheless compelled to reverse because, in our view, the circumstances of this case did not call for the drastic remedy of dismissal. See Fla.R.Crim.P. 3.220(j). We discern on this record no willful, but only a negligent discovery violation…