State v. Plate

The State of Florida appeals the trial court’s order dismissing its charge of obtaining a motor vehicle by fraud against Cheree L. Plate. Because there was no legal basis authorizing the court to dismiss the charge, we reverse.

The trial court, acting at its own behest, dismissed the charge against Plate, apparently in an effort to save Plate’s military career. The court indicated that the victim could “file a civil suit for whatever the damages are.” Notwithstanding the trial court’s good intentions, the dismissal over the State’s objection was an abuse of discretion. State v. Franklin, 901…