528 So. 2d 1297

The STATE of Florida, Appellant, v. Earles GONZALEZ, Appellee.

No. 87-2790.

District Court of Appeal of Florida, Third District.

Aug. 2, 1988.

*1298Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellant.

Karon, Savikas & Horn and Joshua D. Lerner and Joseph R. Gomez, Sidney Efronson, for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

On the authority of State v. Padron, 519 So.2d 1144 (Fla. 3d DCA 1988), a companion case where the charges against a code-fendant were reinstated, we reverse the order dismissing an information charging the defendant with trafficking and conspiracy to traffic in cocaine. Failure of the state to disclose the identity of a confidential informant does not automatically entitle a defendant to dismissal of the charges. There must be a determination as to the necessity for disclosure, government misconduct, and prejudice to the accused. See State v. Acosta, 439 So.2d 1024 (Fla. 3d DCA 1983).

Reversed and remanded.

State v. Gonzalez
528 So. 2d 1297

Case Details

Name
State v. Gonzalez
Decision Date
Aug 2, 1988
Citations

528 So. 2d 1297

Jurisdiction
Florida

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