State v. Troutman

Full title: THE STATE OF FLORIDA, APPELLANT, v. TROY WHITSELL TROUTMAN, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 2, 1986

498 So. 2d 469 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2815.

September 2, 1986.

An Appeal from a non-final order from Circuit Court, Dade County; Theodore G. Mastos, Judge.

Jim Smith, Atty. Gen., and Nancy C. Wear, Asst. Atty. Gen., for appellant.

Freeman Kahgan and Carin Kahgan, for appellee.

Before SCHWARTZ, C.J., and PEARSON and JORGENSON, JJ.

PER CURIAM.

The order of the trial court which dismissed with prejudice the information because the State delayed in providing the defendant with previously ordered particulars is reversed on the authority of State v. Del Gaudio, 445 So.2d 605 (Fla. 3d DCA), pet. for review denied, 453 So.2d 45 (Fla. 1984), as there is no showing that the State's tardiness irreparably prejudiced the defendant's ability to defend.

Reversed and remanded for further proceedings.