State v. Prieto

The STATE of Florida, Appellant, v. Roberto PRIETO and Raul Nieves, Appellees.

District Court of Appeal of Florida

Decided December 17, 1985.

District Court of Appeal of Florida · decided 1985-12-17

Cited by 7 later decisions — most recently January 1993

7 state decisions

Relies on 462 So. 2d 1082 - State v. Glosson

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-17

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¶1Jim Smith, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellant.

¶2Howard Sohn, Miami, for appellee Raul Nieves.

¶3Before BARKDULL, HUBBART and BASKIN, JJ.

¶4PER CURIAM.

¶5The state appeals the trial court's determination that State v. Glosson,462 So.2d 1082 (Fla. 1985), required dismissal of the criminal charges against defendants, Roberto Prieto and Raul Nieves. Dismissal of an information is not required under Glosson where, as here, payment to the confidential informant was contingent on the quantity of drugs seized and not on cooperation and trial testimony in the resulting criminal prosecution. We therefore hold that the trial court improperly dismissed the information. We reverse and remand as to both defendants.

¶6Reversed and remanded.