STATE OF FLORIDA, APPELLANT,
v.
REGINALD DENNIS, APPELLEE

Fla. 2d DCA | 1997-04-02
No. 96-02635
PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.
696 So. 2d 848 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The State of Florida appeals the trial court’s order excluding in part alleged similar fact evidence. We treat the state’s notice of appeal as a petition for writ of certiorari. See State v. Jenkins, 624 So. 2d 354 (Fla. 2d DCA 1993), review denied, 634 So. 2d 624 (Fla.1994). We conclude that the state has failed to demonstrate that “ ‘there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.’ ” State v. Pettis, 520 So. 2d 250, 254 (Fla.1988) (quoting Combs v. State, 436 So. 2d 93, 96 (Fla.1983)). Accordingly, we deny the petition.

Petition for writ of certiorari denied.

PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

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  • State v. Cohens, 701 So. 2d 362 (Fla. 2d DCA 1997)
    …t the first-degree murder trial of the respondent, Charles H. Cohens. The State properly challenges the nonfinal pretrial evi-dentiary ruling through a petition for writ of certiorari. See State v. Pettis, 520 So. 2d 250 (Fla.1988); State v. Dennis, 696 So. 2d 848 (Fla. 2d DCA 1997). Entitlement to the issuance of the writ turns on whether the ruling violated a clearly established legal principle, resulting in material injustice. Id. The ruling here constitutes such a violation. We, therefore, grant the petit…
  • Upton v. State, 732 So. 2d 507 (Fla. 2d DCA 1999)
    …the revocation of Linda Upton’s community control or the sentence imposed, we affirm them. But we must remand for the entry of a written order of revocation of community control which specifies the conditions that were violated. See Lytle v. State, 696 So. 2d 848, 849 (Fla. 2d DCA 1997). Affirmed; remanded for written order of revocation. PARKER, C.J., and SCHEB, JOHN M., (Senior) Judge, Concur.…
  • State v. Gates, 826 So. 2d 1064 (Fla. 2d DCA 2002)
    …r). In order for the writ to issue, the State must prove that the trial court’s ruling violated a clearly established legal principle which would result in material injustice. State v. Cohens, 701 So. 2d 362, 363 (Fla. 2d DCA 1997); State v. Dennis, 696 So. 2d 848 (Fla. 2d DCA 1997). Applying that standard to the trial court’s order, we hold that, to the extent the order forbids the State from introducing admissible evidence against Gates, the order violates a clearly established legal principle. The crux of…

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