State v. Bryant

Full title: THE STATE OF FLORIDA, APPELLANT, v. VICTOR LAVETTE BRYANT, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 10, 1989

549 So. 2d 1155 (Fla. Dist. Ct. App. 1989)

Opinion

Nos. 89-395, 89-401.

October 10, 1989.

Appeal from the Circuit Court, Dade County, Alfonso C. Sepe, J.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before BASKIN, FERGUSON and COPE, JJ.

PER CURIAM.

Upon learning that the victim did not want to testify against defendant Bryant, the trial court dismissed the charges. Whether to prosecute is a determination to be made by the state, not the trial court. State v. Brown, 416 So.2d 1258 (Fla. 4th DCA 1982). We therefore reverse the trial court's dismissal.

Reversed and remanded for further proceedings.