STATE v. ESQUEFF

No. 84-1620.

468 So.2d 395 (1985)

The STATE of Florida, Appellant, v. Evilio ESQUEFF, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 24, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Renee E. Ruska, Asst. Atty. Gen., for appellant.

Philip J. Cole, Miami, G. Kirk Haas, Coral Gables, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.


PER CURIAM.

The state appeals from a trial court order dismissing an information based on prosecutorial misconduct. The trial court concluded that the prosecution below, although begun in good faith, ultimately became a bad faith prosecution to which the court refused to be a party because: (1) the arrest affidavit, upon which the information was allegedly based, was subsequently impeached in certain material respects by defense discovery depositions taken in the...

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