Opinion
No. 97-2285
Opinion filed July 22, 1998. JULY TERM, 1998
An Appeal from the Circuit Court of Dade County, Richard V. Margolius, Judge. L.T. No. 97-3530.
Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellant.
William Dale Whitice, for appellee.
Before NESBITT, GODERICH and SHEVIN, JJ.
The State appeals from the trial court's sua sponte dismissal of Count VI of the Information charging the defendant with possession of a firearm by a violent career criminal. § 790.235, Fla. Stat. (Supp. 1996). We reverse finding that the trial court's dismissal improperly invaded and interfered with the exercise of prosecutorial discretion. State v. Stewart, 554 So.2d 620, 621 (Fla. 3d DCA 1989); State v. Earl, 545 So.2d 415, 415-16 (Fla. 3d DCA 1989).
Reversed and remanded for further proceedings consistent with this opinion.