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State v. Valdes

State v. Valdes, 443 So. 2d 302 (Fla. Dist. Ct. App. 1983)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 27, 1983
Docket
No. 83-1134
Judges
Nesbitt, Ferguson and Jorgenson
Citations
443 So. 2d 302
Cited by 15 3 descriptions by later courts

Opinion

443 So.2d 302 (1983)

The STATE of Florida, Appellant,

v.

Armando A. VALDES, Appellee.

No. 83-1134.

District Court of Appeal of Florida, Third District.

December 27, 1983.

Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellant.

Hacker & Matters, Miami, for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

NESBITT, Judge.

The state appeals an order dismissing an information charging Armando Valdes with possession of cocaine, intent to sell or deliver cocaine and trafficking in cocaine. We have jurisdiction. Fla.R.App.P. 9.140(c)(1)(A). We reverse.

Armando Valdes made two unsuccessful attempts to depose two potential state witnesses who were participants in the undercover transaction which led to his arrest. The trial court then ordered the state to produce the witnesses for depositions. The witnesses failed to appear at the time scheduled for the depositions. Thereupon, the lower court dismissed all charges against Valdes 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 produce the state's witnesses for depositions. Turiano v. Butterworth, 416 So.2d 1261 (Fla. 4th DCA 1982); State v. Adderly, 411 So.2d 981 (Fla. 3d DCA 1982); State v. Banks, 349 So.2d 736 (Fla. 3d DCA 1977); State v. Roig, 305 So.2d 836 (Fla. 3d DCA 1974). Furthermore, as this court stated in State ex rel. Gerstein v. Durant, 348 So.2d 405, 408 (Fla. 3d DCA 1977): "[t]o order the state to do so, or to dismiss a criminal case for failure of the state to do so, constitutes a departure from essential requirements of law."

Accordingly, the order dismissing the charges against Valdes is reversed and the cause is remanded for proceedings consistent with this opinion.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 15 cases

View all citing references →
1983: 11984: 11986: 31987: 31988: 21989: 11990: 21992: 12020: 119832026peak 1986 · 3

Relies on it most ⓘ

  1. State v. Rodriguez483 So. 2d 751 (Fla. Dist. Ct. App. 1986)
  2. State v. DEVRICK BOYKINSNo. 20-1303 (Fla. Dist. Ct. App. Nov. 18, 2020)
  3. State v. Del Gaudio445 So. 2d 605 (Fla. Dist. Ct. App. 1984)
  4. Colby v. McNeill595 So. 2d 115 (Fla. Dist. Ct. App. 1992)
  5. State v. Brown527 So. 2d 209 (Fla. Dist. Ct. App. 1988)
  6. General Ins. Co. v. Ramanovski443 So. 2d 302 (Fla. Dist. Ct. App. 1983)

Most recent

  1. State v. DEVRICK BOYKINSNo. 20-1303 (Fla. Dist. Ct. App. Nov. 18, 2020)
  2. Colby v. McNeill595 So. 2d 115 (Fla. Dist. Ct. App. 1992)
  3. State v. Gonzalez43 Fla. Supp. 2d 57 (Fla. Cir. Ct. 1990)
  4. State v. Ospina38 Fla. Supp. 2d 19 (Fla. Cir. Ct. 1990)
  5. State v. Perez543 So. 2d 386 (Fla. Dist. Ct. App. 1989)
  6. State v. Brown527 So. 2d 209 (Fla. Dist. Ct. App. 1988)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
State v. Roig, 305 So. 2d 836 (Fla. Dist. Ct. App. 1974) 35
State ex rel. Gerstein v. Durant, 348 So. 2d 405 (Fla. Dist. Ct. App. 1977) 23
State v. Adderly, 411 So. 2d 981 (Fla. Dist. Ct. App. 1982) 18
State v. Banks, 349 So. 2d 736 (Fla. Dist. Ct. App. 1977) 14
Gen. Ins. Co. v. Ramanovski, 443 So. 2d 302 (Fla. Dist. Ct. App. 1983) 9
Turiano v. Butterworth, 416 So. 2d 1261 (Fla. Dist. Ct. App. 1982) 5

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