The STATE of Florida, Appellant,
v.
Mordechy COHEN, Asher Devano, and Serge Partouche, Appellees.
District Court of Appeal of Florida, Third District.
Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellant.
Ronald S. Guralnick, Dania, for appellee, Asher Devano.
Before JORGENSON, GERSTEN and GODERICH, JJ.
PER CURIAM.
The State appeals the trial court's sua sponte dismissal of criminal charges in response to the State's request for a continuance. We reverse.
Criminal charges should be dismissed only as a last resort when no viable alternatives exist. State v. T.H.,
As this Court has stated, the trial court had several alternatives available other than sua sponte dismissal of the case: (1) deny the continuance motion, but allow the State meaningful opportunity to consider entering a nolle prosequi to the charges; (2) deny the continuance motion, but allow the State to proceed to trial as scheduled without its witness; or (3) grant the continuance motion, as a month remained until the speedy trial time elapsed and the defendants were not in custody. State v. S.M.F.,
Reversed and remanded.
