State v. Sullivan

ALTENBERND, Judge.

The State appeals an order dismissing its case after the circuit court excluded the testimony of the alleged victim as a sanction. We reverse. Although we understand the circuit court’s frustration, assuming that the State’s actions constituted a discovery violation, the court erroneously failed to consider any less severe alterna-' tives to this ultimate sanction.

The State charged Ryan Thomas Sullivan in October 2012 with battery resulting in great bodily harm, a felony battery under section 784.041(1), Florida Statutes (2012). The underlying event was allegedly an act of…