City of Miami Beach v. Guyton
The Third DCA reversed a county court's sua sponte dismissal of a public urination charge entered at first appearance when the municipal prosecutor was absent and had no notice of the hearing. The court held the trial judge lacked authority to dismiss the charge absent a proper motion, as the decision to prosecute or dismiss lies solely with the State/City, and the dismissal without notice violated the City's due process rights. The panel followed its recent decision in City of Miami Beach v. Cosme, over a special concurrence questioning that precedent's preservation and due-process reasoning.
Key facts
- City of Miami Beach charged Guyton with public urination; at first appearance, the municipal prosecutor was absent and had no notice of the hearing.
- The county court judge sua sponte dismissed the charge without a motion to dismiss and without notice to or opportunity for the prosecutor to be heard.
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Why it matters
This decision reinforces and extends the Third DCA's recent Cosme precedent limiting trial courts' power to dismiss criminal or municipal charges sua sponte without a proper motion or notice to the prosecution, giving… — full analysis with a trial
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