Legal Opinion

State v. Panice

District Court of Appeal of Florida

Decided May 20, 1986No. 85-580Published

1Per curiam

This criminal case was dismissed because the state supposedly altered evidence and/or committed a discovery violation. These alleged derelictions were not demonstrated even to have existed. See Valenzuela v. State, 426 So.2d 1294 (Fla. 3d DCA 1983). Assuming that they did, dismissal was a wholly inappropriate and excessive sanction. State v. Rodriguez, 483 So.2d 807 (Fla. 3d DCA 1986); State v. Del Gaudio, 445 So.2d 605 (Fla. 3d DCA 1984), pet. for review denied, 453 So.2d 45 (Fla.1984). The final order under review is therefore reversed.

To the extent that the trial court suppressed any…

2Cases cited5 opinions

  1. State v. Del GaudioDistrict Court of Appeal of Florida · 1984
  2. State v. TillmanDistrict Court of Appeal of Florida · 1981
  3. State v. Gonzalez-RodriguezDistrict Court of Appeal of Florida · 1986
  4. Valenzuela v. StateDistrict Court of Appeal of Florida · 1983
  5. State v. EicherDistrict Court of Appeal of Florida · 1983

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