Legal Opinion

State v. Fernandez

District Court of Appeal of Florida

Decided April 5, 2013No. 2D11-1837Published

1Opinion of the Court

DAVIS, Judge.

The State challenges the trial court’s order dismissing for lack of venue charges of trafficking in cocaine and conspiracy to traffic in cocaine filed against codefen-dants Hector Fernandez and Vincente Velasquez in circuit court case number 10-CF-18964.1 We agree with the trial court that the State did not establish venue in Hillsborough County. However, “[a]s a general principle, a transfer, rather than dismissal, is the preferred remedy for improper venue.” State v. Kotecki, 82 So.3d 1150, 1152 (Fla. 2d DCA 2012). Therefore, as we did in State v. Cisneros, 106 So.3d 42 (Fla.…

2Cases cited2 opinions

  1. State v. KoteckiDistrict Court of Appeal of Florida · 2012
  2. State v. CisnerosDistrict Court of Appeal of Florida · 2013

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