DocketNumber: 89-395, 89-401
Citation Numbers: 549 So. 2d 1155
Judges: Baskin, Ferguson and Cope
Filed Date: 10/10/1989
Status: Precedential
Modified Date: 3/3/2016
District Court of Appeal of Florida, Third District.
Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellee.
Before BASKIN, FERGUSON and COPE, JJ.
PER CURIAM.
Upon learning that the victim did not want to testify against defendant Bryant, the trial court dismissed the charges. Whether to prosecute is a determination to be made by the state, not the trial court. State v. Brown, 416 So. 2d 1258 (Fla. 4th DCA 1982). We therefore reverse the trial court's dismissal.
Reversed and remanded for further proceedings.
State v. Greaux , 977 So. 2d 614 ( 2008 )
State v. Turner , 636 So. 2d 815 ( 1994 )
State v. Vixamar , 687 So. 2d 300 ( 1997 )
SK v. State , 881 So. 2d 1209 ( 2004 )
State v. Wheeler , 745 So. 2d 1094 ( 1999 )
State v. Upshaw , 648 So. 2d 851 ( 1995 )