THE STATE OF FLORIDA, APPELLANT,
v.
TERRY CECIL, APPELLEE
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On Motion to Dismiss
PER CURIAM.
The state appeals from a pretrial order precluding the testimony of a potential witness for the prosecution because of a discovery violation. Since the order is not one of those designated in Fla.R.App.P. 9.140(c)(1)(B), compare State v. Palmore, 495 So. 2d 1170 (Fla.1986), it is not reviewable either by appeal or by treating this proceeding as a petition for writ of certiorari. McIntosh v. State, 496 So. 2d 120 (Fla.1986); State v. Arriagada, 508 So. 2d 1247 (Fla. 3d DCA 1987). We therefore grant the appellee-defendant’s motion to dismiss for lack of jurisdiction. As in Arriagada, we certify that this case is in con flict with State v. Wilson, 483 So. 2d 23 (Fla. 2d DCA 1985) and that it involves the following question of great public importance:
Whether the state is precluded from seeking common law certiorari review of nonappealable interlocutory orders in criminal cases.
Appeal dismissed.
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State v. Cesaero Brea, 530 So. 2d 924 (Fla. 1988)…te v. Brea, 525 So. 2d 907 (Fla. 3d DCA 1987), in which the district court certified the same question of great public importance framed in State v. Amagada, 508 So. 2d 1247 (Fla. 3d DCA 1987), quashed, 518 So. 2d 918 (Fla.1988), and State v. Cecil, 508 So. 2d 1249 (Fla. 3d DCA 1987), quashed, 518 So. 2d 919 (Fla. 1988).1 We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Brea was charged with trafficking in cocaine and conspiracy to traffic in cocaine, in violation of sections 893.03(2)(a) and 893.-135, Fl…1 / 2
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State v. Cecil, 533 So. 2d 884 (Fla. 3d DCA 1988)…y in this aggravated battery and assault case. We had previously dismissed the petition herein on jurisdictional grounds and certified the question of our jurisdiction to entertain state-sought certiorari review of non-final orders. State v. Cecil, 508 So. 2d 1249 (Fla. 3d DCA 1987). The Supreme Court quashed our dismissal on the authority of State v. Pettis, 520 So. 2d 250 (Fla. 1988), decided the same day. State v. Cecil, 518 So. 2d 919 (Fla.1988). We now consider the merits of the matter on remand. The op…
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State v. Cecil, 518 So. 2d 919 (Fla. 1988)…PER CURIAM. We have for review State v. Cecil, 508 So. 2d 1249, 1250 (Fla. 3d DCA 1987), which certified the following question: Whether the state is precluded from seeking common law certiorari review of non-appealable interlocutory orders in criminal cases. We have jurisdiction. Art. V, § 3(b)(4), Fla. Con…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Rickie Lee Palmore, 495 So. 2d 1170 (Fla. 1986)
- State v. Wilson, 483 So. 2d 23 (Fla. 2d DCA 1985)
- McINTOSH v. State, 496 So. 2d 120 (Fla. 1986)
- State v. Arriagada, 508 So. 2d 1247 (Fla. 3d DCA 1987)