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State v. Carter, Case No. 2D08-5449 (Fla. App. 3/19/2010) (Fla. App., 2010)

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STATE OF FLORIDA, Appellant, v. DARION A. CARTER, Appellee. Case No. 2D08-5449. District Court of Appeal of Florida, Second District. Opinion filed March 19, 2010. Appeal from the Circuit Court for Pinellas County, Pamela A.M. Campbell, Judge. Bill McCollum, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellant. James F. Manderscheid, Gulfport, for Appellee. KELLY, Judge. The State appeals an order that dismissed the information against Darion Carter after the State was unable to produce the confidential informant who was present when Carter sold cocaine to an undercover police officer. In support of his claim that he Page 2 was entitled to disclosure of the informant’s identity, Carter filed a motion1 stating: (1) the informant was “not only a material fact witness and potentially an exculpatory witness, but is a witness to the events that are alleged as probable cause for the arrest of the defendant”; and (2) disclosure is “essential to the preparation of [his] defense of misidentification...continue to full post

Full post as published by Florida Criminal Law Opinions on March 19, 2010 (boomark / email).