
    STATE OF FLORIDA v HOLMES
    Case No. 89-056 AC
    Eleventh Judicial Circuit, Dade County
    February 14, 1990
    APPEARANCES OF COUNSEL
    Robert D. Butterworth, Attorney General, for appellant.
    Bruce Rosenthal, Esquire, for appellee.
    Before RIVKIND, BARAD, NADLER, JJ.
   OPINION OF THE COURT

PER CURIAM.

The victim of a domestic situation informed the court she did not wish to prosecute the defendant. Over objection, the trial court entered a dismissal for lack of prosecution. We reverse on the authority of State v Bryant, 14 FLW 2372 (Fla. 3d DCA, October 10, 1989). In Bryant, the Court held:

“Upon learning that the victim did not want to testify against defendant Bryant, the trial court dismissed the charges. Whether to prosecute is a determination to be made by the state, not the trial court. . . .”

Reversed and remanded for further proceedings.  