District Court of Appeal of Florida

Dismissal of a charge of selling crack cocaine is affirmed where the identity of a confidential informant was essential to a fair determination of the charge since the defendant had raised a misidentification defense, and the state was unable to identify the informant. Dismissal of the remaining charges is reversed where the informant was not involved with the charges, thus the defendant could not raise a misidentification defense.

Appellate Information

• Decided 12/06/2006
• Published 12/06/2006

Judges

• FLETCHER, J., Before COPE, C.J., and FLETCHER and ROTHENBERG, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellant.


• For Appellees:
  
• Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellee.