STATE OF FLORIDA, APPELLANT,
v.
JEAN FAZEKAS, APPELLEE

Fla. 4th DCA | 1991-03-06
No. 90-1317
HERSEY, C.J., and DELL and STONE, JJ., concur.
575 So. 2d 327 Florida District Court of Appeal, Fourth District (1991) Negative Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state has filed this interlocutory appeal pursuant to section 924.07(l)(h), Florida Statutes (1987). We treat the state’s appeal as a petition for writ of certiorari and deny the petition given the state’s failure to show that the trial court departed from the essential requirements of law. See generally Wilson v. State, 520 So. 2d 566 (Fla.1988); State v. Pettis, 520 So. 2d 250 (Fla.1988); Combs v. State, 436 So. 2d 93 (Fla.1983).

Certiorari denied.

HERSEY, C.J., and DELL and STONE, JJ., concur.


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  • State v. Thomas, 599 So. 2d 782 (Fla. 5th DCA 1992)
    …tory appeal, pursuant to section 924.07(l)(h), Florida Statutes (1991), as a petition for writ of certiorari and deny relief because the State failed to show that the trial court departed from the essential requirements of law. See State v. Fazekas, 575 So. 2d 327 (Fla. 4th DCA 1991). See also State v. Smith, 260 So. 2d 489 (Fla.1972). Thomas filed a cross-appeal challenging the trial court’s denial of his motions to dismiss Counts I and IV and Counts V and VI of the information. We likewise treat the cross-a…

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