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566 So. 2d 588

State v. Powell

District Court of Appeal of Florida

Decided September 11, 1990

District Court of Appeal of Florida · decided 1990-09-11

Relies on 534 So. 2d 393 - State v. Pennington · Florida Bar Re Amendment to Article XI, Florida Bar Integration Rule (Rules of Discipline) · 445 So. 2d 605 - State v. Del Gaudio

Decided 1990-09-11

PER CURIAM.

¶1The State of Florida appeals from an order of dismissal for failure to comply with discovery requests.

¶2Dismissal of criminal charges is too excessive a sanction for the State’s failure to comply with discovery requests where, as here, “the defendant was not significantly prejudiced by the State’s failure to produce the requested evidence,” and where the speedy trial period had not yet run. State v. Del Gaudio, 445 So.2d 605, 611 (Fla. 3d DCA), rev. denied, 453 So.2d 45 (Fla.1984). See also, State v. Brown, 527 So.2d 209 (Fla. 3d DCA) (defendant not entitled to dismissal where alleged discovery violation did not adversely affect ability to prepare for trial and information sought would not have been helpful to defense), rev. denied, 534 So.2d 398 (Fla.1988). Accordingly, the order of dismissal is reversed and the cause is remanded for further proceedings consistent with this opinion.

¶3Reversed and remanded.

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