State v. Nessim

*1345ON THE MERITS

DOWNEY, Judge.

This is an appeal from an order in a criminal case granting appellant’s motion to dismiss the cause for outrageous governmental misconduct. We initially dismissed the appeal based upon Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). However, on petition for rehearing, the case was considered en banc and in an opinion in State v. Nessim, 587 So.2d 1343 (Fla. 4th DCA 1991), we vacated the previous opinion and assigned the case for consideration on the merits.

On November 7, 1986, appellant, Albert Nessim, was originally charged by information with four counts of…