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STATE v. SIMONS

No. 1D08-1611.

22 So.3d 734 (2009)

STATE of Florida, Appellant, v. Stuart SIMONS, Appellee.

District Court of Appeal of Florida, First District.

November 13, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Office of the Attorney General, Tallahassee; Sydney L. Taylor, Assistant State Attorney, Office of The State Attorney, Pensacola, for Appellant.

Eric D. Stevenson of David Lee Sellers, P.A., Pensacola, for Appellee.

PADOVANO, J.

We hold that the trial court had authority to dismiss the criminal charges against the defendant in this case as a remedy for the state's refusal to comply with a settlement agreement. The record does not reveal any breach of the agreement on the defendant's part or any justification for the state's refusal to comply. For these reasons, we affirm the order of dismissal.

The defendant, Stuart Simons, was accused of three criminal offenses: theft...

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