Opinion
No. 87-2790.
August 2, 1988.
Appeal from the Circuit Court for Dade County, Steven D. Robinson, J.
Robert 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.
On the authority of State v. Padron, 519 So.2d 1144 (Fla. 3d DCA 1988), a companion case where the charges against a codefendant 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.