STATE OF FLORIDA, PETITIONER,
v.
ARTURO ARRIAGADA, RESPONDENT
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The court held that the state may seek common law certiorari review of nonappealable interlocutory orders in criminal cases, contrary to the district court's finding.
The state sought review of a pretrial order suppressing identification testimony. The district court found the order nonreviewable and denied certiora…
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OVERTON, Justice.
We have for review State v. Arriagada, 508 So. 2d 1247 (Fla. 3d DCA 1987), in which the state sought review of a pretrial order suppressing certain identification testimony. The district court found this type of pretrial order nonreviewable under Florida Rule of Appellate Procedure 9.140(c). The district court also found that certiorari was not available as a means for review. The court acknowledged direct conflict with State v. Wilson, 483 So. 2d 23 (Fla. 2d DCA 1985), and certified the following as a question of great public importance.
Whether the holdings in Jones v. State, [477 So. 2d 566 (Fla.1985)]; State v. G.P., [476 So. 2d 1272 (Fla.1985) ]; and State v. C.C., [476 So. 2d 144 (Fla.1985) ], preclude the state from seeking common law certiorari review of nonappealable interlocutory orders in criminal cases.
508 So. 2d at 1248.
We recently answered this question in the negative in State v. Pettis, 520 So. 2d 250 (Fla.1988). Accordingly, we quash Ar-riagada and remand to the district court for consideration consistent with Pettis.
It is so ordered.
MCDONALD, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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State v. Cesaero Brea, 530 So. 2d 924 (Fla. 1988)…EHRLICH, Chief Justice. We have for review State 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 vio…1 / 2
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State v. Renwick Keel, 557 So. 2d 907 (Fla. 1st DCA 1990)…state’s appeal from the lower court’s order suppressing identification testimony as a petition for certiora-ri, and grant review under our certiorari jurisdiction in accordance with State v. Pettis, 520 So. 2d 250 (Fla.1988). See State v. Arriagada, 518 So. 2d 918 (Fla.1988), affirming in part and quashing in part, State v. Arriagada, 508 So. 2d 1247 (Fla. 3d DCA 1987). Upon consideration of the merits, we conclude that the trial court was not required by any rule or statute to set forth detailed findings of…
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State v. Trottman, 701 So. 2d 581 (Fla. 5th DCA 1997)…and PETERSON, JJ., concur. . This order does not appear to be appealable under Florida Rule of Appellate Procedure 9.140(c)(1)(B) as a “search or seizure.” See State v. Amagada, 508 So. 2d 1247 (Fla. 3d DCA 1987), decision quashed on other grounds, 518 So. 2d 918 (Fla.1988). . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). . This case appears to have been decided below on the basis of the Fifth Amendment, which is the issue we address in the body of our opinion. We have, however, c…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Pettis, 520 So. 2d 250 (Fla. 1988)
- State v. C.C., 476 So. 2d 144 (Fla. 1985)
- Hollis Jones v. State, 477 So. 2d 566 (Fla. 1985)
- State v. G.P., 476 So. 2d 1272 (Fla. 1985)
- State v. Wilson, 483 So. 2d 23 (Fla. 2d DCA 1985)
- State v. Arriagada, 508 So. 2d 1247 (Fla. 3d DCA 1987)