STATE OF FLORIDA, PETITIONER,
v.
TODD JOHNSON, RESPONDENT
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The holdings in Jones v. State, State v. G.P., and State v. C.C. do not preclude the state from seeking certiorari review of non-appealable interlocutory orders in criminal cases where the state demonstrates a clear departure from essential requirements of law.
The Fourth District Court of Appeal certified a question regarding the state's ability to seek certiorari review of interlocutory orders in criminal c…
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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., 476 So. 2d 1272 (Fla.1985) and STATE v. C.C., 476 So. 2d 144 (Fla.1985) PRECLUDE THE STATE FROM SEEKING CERTIORARI REVIEW OF NON-APPEALABLE INTERLOCUTORY ORDERS IN A CRIMINAL CASE WHERE THE STATE HAS DEMONSTRATED A CLEAR DEPARTURE FROM THE ESSENTIAL REQUIREMENTS OF LAW?
489 So. 2d at 783. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. We recently answered the question in the negative in State v. Pettis, 520 So. 2d 250 (Fla.1988). Accordingly, as in State v. Thayer, 520 So. 2d 571 (Fla.1988), we quash the decision below and remand for proceedings consistent with our decision in Pettis.
It is so ordered.
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
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Citator
Cited By
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State v. Johnson, 540 So. 2d 842 (Fla. 4th DCA 1988)…me Court then addressed the certified questions, finding that there was certiorari jurisdiction to review non appealable interlocutory orders in criminal cases, provided they show a departure from the essential requirements of law. State v. Johnson, 520 So. 2d 570 (Fla.1988). Upon receipt of the Supreme Court’s mandate in this case, we proceeded with the State’s petition for writ of certiorari, after receipt of a response and reply on the merits. Respondent was charged with first degree murder and armed robb…
Authorities 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)
- Charles v. State, 489 So. 2d 782 (Fla. 4th DCA 1986)
- State v. Thayer, 489 So. 2d 782 (Fla. 4th DCA 1986)
- State v. Johnson, 490 So. 2d 1076 (Fla. 4th DCA 1986)
- State v. Thayer, 520 So. 2d 571 (Fla. 1988)