State v. Daise
| Decision Date | 17 June 1987 |
| Docket Number | 4-86-1866,Nos. 4-86-1849,s. 4-86-1849 |
| Citation | 12 Fla. L. Weekly 1502,508 So.2d 560 |
| Parties | 12 Fla. L. Weekly 1502 STATE of Florida, Appellant, v. Jacquiline DAISE, Appellee. STATE of Florida, Appellant, v. Alfred DAISE, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.
The state appeals the dismissal of an information following the failure of a witness to appear for deposition. The trial judge had previously ordered the state to produce the witness, who was the victim of an aggravated child abuse. The mother of the victim also failed to appear at the depositions which were set for the day of the trial call. We reverse. State v. Wilson, 498 So.2d 1053 (Fla. 4th DCA 1986); State v. Evans, 418 So.2d 459 (Fla. 4th DCA 1982); State v. Lowe, 398 So.2d 962 (Fla. 4th DCA 1981); State v. Valdes, 443 So.2d 302 (Fla. 3d DCA 1983).
There are numerous remedies available to the court, in an appropriate case, when a state's witness fails to appear. The court may commence the trial without the witness; exclude the witness after a hearing following the criteria set forth in Richardson v. State, 246 So.2d 771 (Fla.1971); grant a continuance to the defense; issue a rule to show cause why the witness should not be held in contempt; hold the witness in contempt; issue a writ of body attachment; or impose other sanctions. Only the state however, may dispose of the case by a nolle prosequi. Cf. Wilson; Evans; Lowe; Valdes; State v. Merritt, 394 So.2d 531 (Fla. 3d DCA 1981); Knight v. State, 373 So.2d 52 (Fla. 4th DCA 1979), cert. denied, 385 So.2d 761 (Fla.1980); State v. Carda, 495 So.2d 912 (Fla. 3d DCA 1986).
We therefore reverse and remand for further proceedings.
To continue reading
Request your trial
-
State v. Fortesa-Ruiz
...motion to suppress. The court could have held the suppression hearing at a later date, or even during trial. See also State v. Daise, 508 So.2d 560 (Fla. 4th DCA 1987). This is not to say that a trial judge cannot declare the prosecution of a case abandoned. However, such a finding of aband......
-
State v. Gonzalez, 96-2823
...On remand, the trial court may use those remedies available to it when a state witness fails to appear for deposition. State v. Daise, 508 So.2d 560 (Fla. 4th DCA 1987). For example, the judge may commence indirect criminal contempt proceedings under Florida Rule of Criminal Procedure 3.840......
-
State v. Bouma, 89-1700
...enter a nolle prosequi to the charges and refile at a later time, or the trial court could have granted a continuance. State v. Daise, 508 So.2d 560 (Fla. 4th DCA 1987); State v. Wilson, 498 So.2d 1053 (Fla. 4th DCA 1986). The only inquiry made by the trial court was as to the state's abili......