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627 So. 2d 1253

State v. P.F.

District Court of Appeal of Florida

Decided December 7, 1993

District Court of Appeal of Florida · decided 1993-12-07

Relies on 534 So. 2d 393 - State v. Pennington · 604 So. 2d 482 - State v. Arnette · 527 So. 2d 209 - State v. Brown

Decided 1993-12-07

PER CURIAM.

¶1The State appeals orders in effect dismissing petitions of delinquency filed against P.F. and J.S. We reverse.

¶2The record provides no basis for the trial court’s ruling. Dismissal is not an appropriate sanction when, as here, the record does not reveal any instance where the state failed to fulfill its discovery obligations. State v. I.A., 527 So.2d 947 (Fla. 3d DCA 1988). Additionally, the trial court made no findings that respondents were prejudiced as a result of any alleged discovery violations. I.A. Finally, the discharge was not appropriate on speedy trial grounds because the court had properly charged the continuance to respondents. State v. Brown, 527 So.2d 209 (Fla. 3d DCA), review denied, 534 So.2d 398 (Fla.1988); see Colby v. McNeill, 595 So.2d 115 (Fla. 3d DCA), review denied, 604 So.2d 487 (Fla.1992).

¶3Accordingly, we reverse and remand the cause for trial.

¶4Reversed and remanded.

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