State v. Gomez

Full title: THE STATE OF FLORIDA, APPELLANT, v. NOEMI G. GOMEZ, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 21, 1982

419 So. 2d 422 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-279.

September 21, 1982.

Appeal from the Circuit Court for Dade County, Murray Goldman, J.

Jim Smith, Atty. Gen. and Diane Zimmer Leeds, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellee.

Before SCHWARTZ, NESBITT and JORGENSON, JJ.

PER CURIAM.

We find no abuse of the trial court's discretion in dismissing the information with prejudice because, as it found, the state's inexcusably tardy and inadequate compliance with an order requiring a bill of particulars had adversely affected the defendant's ability to prepare for trial. See and compare, Leeman v. State, 357 So.2d 703 (Fla. 1978) (trial court found no prejudice in non-compliance with order).

Affirmed.