STATE v. DEL GAUDIO

Nos. 82-770, 82-774.

445 So.2d 605 (1984)

The STATE of Florida, Appellant, v. Richard DEL GAUDIO, a/k/a "Richie," and Howard Turnoff, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 12, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Janet Reno, State Atty. and Gertrude M. Novicki and Anthony C. Musto, Asst. State Attys., for appellant.

Louis Vernell, Sunny Isles, James G. Roth, Miami Beach, Kurt Marmar, Coral Gables, for appellees.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.


DANIEL S. PEARSON, Judge.

The question presented by the State's appeal is whether dismissal of criminal charges is a permissible sanction under Florida Rule of Criminal Procedure 3.220 where the State has been grossly negligent and dilatory in furnishing the defendants with essential discovery material, which delay has not affected the defendants' ultimate ability to defend against the charges and has not, as yet, been found to have

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