Legal Opinion · Concurrence

State v. Trujillo

District Court of Appeal of Florida

Decided May 13, 2009No. 3D07-1814, 3D07-1815Published

1ConcurrenceGersten, C.J.

I agree with the majority’s decision to affirm. The State should have petitioned for certiorari from the original order granting the defendant’s motion to compel the identity of the confidential informant. See State v. Roberts, 686 So.2d 722 (Fla. 2d DCA 1997). The State, however, failed to seek review.*

Thereafter, the State should have appealed from the first order dismissing the case. See State v. Wells, 308 So.2d 163 (Fla. 1st DCA 1974). The State, again, failed to seek review. Instead, the State chose to re-file charges based upon the facts arising from the dismissed cases.

Now, the State…

2Cases cited3 opinions

  1. State v. PerezDistrict Court of Appeal of Florida · 1983
  2. State v. RobertsDistrict Court of Appeal of Florida · 1997
  3. State v. WellsDistrict Court of Appeal of Florida · 1974

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