Summary
This per curiam opinion from the Sixth District Court of Appeal of Florida addresses the trial court's dismissal of a criminal Information against the defendant. Relying on the court's prior decision in State v. Herard, the appellate panel reverses the dismissal and remands the matter for further proceedings. Justice White files a partial concurrence and dissent, arguing to affirm the lower court's ruling.
Court
Sixth District Court of Appeal
Writing for the Court
GANNAM, J.; LAMBERT, B.D.; WHITE, J.
Jurisdiction
Florida
Decision date
August 22, 2025
Docket number
6D2023-3608
Procedural posture
Appeal from the Circuit Court for Orange County.
Precedential value
published
Parties
State of Florida v. Devon Alexander Morgan
Disposition
reversed_and_remanded
Topics
criminal procedureappellate jurisdictionstandard of review
Practice areas
criminal procedure
Questions Presented
- Whether the trial court erred in dismissing the Information.
Holdings
- The trial court erred; the dismissal is reversed and the case is remanded for further proceedings consistent with State v. Herard.
Key quotations
“For the reasons stated in State v. Herard, 50 Fla. L. Weekly D1822 (Fla. 6th DCA Aug. 15, 2025), we reverse the trial court’s dismissal of the Information in this case and remand for further proceedings consistent with our opinion in Herard.” (at 1)
Factual background
The State charged Devon Alexander Morgan with a criminal offense and filed an Information. The trial court dismissed the Information, prompting the State to appeal.
Procedural history
The trial court dismissed the criminal Information against Morgan; the State appealed that dismissal.
Remand instructions
Remand for further proceedings consistent with our opinion in Herard.
Court Document
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