Legal Opinion

State v. Melchor

Circuit Court for the Judicial Circuits of Florida

Decided February 11, 1988No. Case No. 86-277 AC (County Court Case No. 44369,70,71)Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The State appeals an order dismissing an information charging AURELIO MELCHOR under Florida Uniform Citation with violating the speed limit, violation of glasses restriction and driving under the influence.

*148The Appellee made two unsuccessful attempts to depose two potential state witnesses. The witnesses failed to appear at the time scheduled for the depositions. Thereupon, the trial judge dismissed all charges against AURELIO MELCHOR as a sanction for the state’s failure to produce the witnesses.

It is well established that it is not the responsibility of the prosecution to…

3Cases cited5 opinions

  1. State v. RoigDistrict Court of Appeal of Florida · 1974
  2. State v. AdderlyDistrict Court of Appeal of Florida · 1982
  3. State v. BanksDistrict Court of Appeal of Florida · 1977
  4. Turiano v. ButterworthDistrict Court of Appeal of Florida · 1982
  5. Kluka v. Livingston Parish School Bd.Louisiana Court of Appeal · 1983

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