State v. Rubel, 93-00773
| Citation | 647 So.2d 995 |
| Decision Date | 16 December 1994 |
| Docket Number | No. 93-00773,93-00773 |
| Parties | 19 Fla. L. Weekly D2625 STATE of Florida, Appellant, v. Todd RUBEL, Appellee. |
| Court | Court of Appeal of Florida (US) |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Johnny T. Salgado, Asst. Atty. Gen., Tampa, for appellant.
No appearance for appellee.
Todd Rubel and the state executed a deferred prosecution agreement contemplating his entry into a pretrial intervention program. The agreement provided that if Rubel met its terms, the charges would be dismissed. Rubel was removed from the program as a result of his failure to satisfy a worthless check and to make certain payments prescribed in the agreement.
This proceeding implicates the purpose and application of section 948.08(4), Florida Statutes (1991), which provides that the:
Resumption of pending criminal proceedings shall be undertaken at any time if the program administrator or state attorney finds such individual is not fulfilling his obligations under this plan or if the public interest so requires.
In spite of the state's objection, the trial court, without explaining an acceptable reason for its behavior, granted Rubel's oral motion to dismiss. Here, as occurred in State v. Turner, 636 So.2d 815, 816-17 (Fla. 3d DCA 1994), the trial court's action
represents an unjustified judicial interference with the prosecutorial function which is not only unwarranted as a general proposition, but is ... in direct contradiction with the explicit statutory admonition that, whenever a defendant has entered and completed a pretrial intervention program, "[t]he state attorney shall make the final determination as to whether the prosecution shall continue."
See Sec. 948.08(5), Fla.Stat. (1991).
Accordingly, we reverse and remand this matter for further proceedings consistent with this opinion.
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State v. Simons
...state has "non-reviewable" discretion to terminate a defendant's PTI at any time, even after the program has begun); State v. Rubel, 647 So.2d 995, 996 (Fla. 2d DCA 1994) (finding the state's termination of a defendant's PTI is a prosecutorial decision to be kept free from judicial interfer......
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Batista v. State, 4D05-4315.
...So.2d 994 (Fla. 3d DCA 1996), the Third District held that termination from such a program is also non-reviewable. In State v. Rubel, 647 So.2d 995 (Fla. 2d DCA 1994), the Second District reversed a trial court's dismissal of charges against a defendant after his termination from a PTI prog......
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