State v. Sanchez

HOBSON, Acting Chief Judge.

Rafael Sanchez was indicted and charged with conspiracy to deliver a quantity of cannabis in excess of 100 pounds. He filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), which the trial court granted. The State appeals the dismissal. We affirm.

Sanchez’ motion, which the State did not traverse, recited facts derived solely from the sworn deposition of co-defendant, Larry McFarlane, as follows:

1. McFarlane does not speak or understand the Spanish language.

2. McFarlane never spoke to Sanchez in English, nor did Sanchez speak English in…