STATE OF FLORIDA, PETITIONER,
v.
TODD JOHNSON, RESPONDENT
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PER CURIAM.
The state here seeks a writ of certiorari from an interlocutory order entered below in a criminal case. We deny the writ.
Review of non-final orders in criminal cases is governed by Florida Rule of Appellate Procedure 9.140(c), which limits the scope of appeals available to the state to specific matters, none of which is applicable here. In the matter before us, the state seeks review of the trial court’s order which refused to strike an assistant state attorney from the witness list furnished by the defense.
Accordingly we deny the writ on the authority of Jones v. State, 477 So. 2d 566 (Fla.1985). However, in the belief that the question of the availability of certiorari to the state is a matter of great public importance and in view of our decision to certify the question in State v. Thayer, 489 So. 2d 782 (Fla. 4th DCA 1986), we hereby certify to the Supreme Court the exact same question that we propounded in Thayer. ANSTEAD and LETTS, JJ., concur. GLICKSTEIN, J., concurs with opinion.
GLICKSTEIN, Judge,
concurring.
I concur for the reason recited in my concurring opinion in State v. Mitchell, 490 So. 2d 163 (Fla. 4th DCA 1986), which I distinguish from State v. Thayer, 489 So. 2d 782 (Fla. 4th DCA 1986).
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State v. Johnson, 520 So. 2d 570 (Fla. 1988)…PER CURIAM. We have for review State v. Johnson, 490 So. 2d 1076 (Fla. 4th DCA 1986), in which the Fourth District Court of Appeal certified the same question which it certified in State v. Thayer, 489 So. 2d 782 (Fla. 4th DCA 1986): DO THE HOLDINGS IN JONES v. STATE, 477 So. 2d 566 (Fla.1985), STATE v. G.P., 47…
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State v. Johnson, 540 So. 2d 842 (Fla. 4th DCA 1988)…1986. At issue was an order by the trial court, denying petitioner’s motion to strike an assistant state attorney’s name from the defendant’s witness list. The petition resulted in a per curiam opinion by a panel of this court, in State v. Johnson, 490 So. 2d 1076 (Fla. 4th DCA 1986), denying the writ on jurisdictional grounds, on the authority of Jones v. State, 477 So. 2d 566 (Fla.1985). We did, however, certify to the Florida Supreme Court the issue of certiorari jurisdiction based on our earlier certifica…
Authorities Cited
- Hollis Jones v. State, 477 So. 2d 566 (Fla. 1985)
- Charles v. State, 489 So. 2d 782 (Fla. 4th DCA 1986)
- State v. Thayer, 489 So. 2d 782 (Fla. 4th DCA 1986)
- State v. Barnie Mitchell, 490 So. 2d 163 (Fla. 4th DCA 1986)