STATE OF FLORIDA, PETITIONER,
v.
CARLOS LUIS, JAVIER RODRIGUEZ, EDDIE MOR, ADALBERTO HERNANDEZ, PAUL PERITO, NICHOLAS JUST AND JOSE A. GRILLO, RESPONDENTS

Fla. 4th DCA | 2007-02-07
No. 4D06-2072
STEVENSON, C.J., KLEIN and GROSS, JJ., concur.
949 So. 2d 277 Florida District Court of Appeal, Fourth District (2007) Positive Treatment
Cited by 2 cases
Topics
Consolidation Of Criminal Cases Change Of Venue Judicial Economy Departure From Essential Requirements Of Law

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Other
PER CURIAM.

On Motions for Rehearing

PER CURIAM.

We deny the motions for rehearing in this case, but withdraw our opinion filed on October 4, 2006, and substitute the following in its place.

We grant the State’s petition for writ of certiorari and quash the May 8, 2006 order of the Broward Circuit Court, consolidating the pending criminal prosecution before it with ongoing proceedings in the Dade Circuit Court and transferring the case to Miami-Dade County for further proceedings. In the two cases, the charges included racketeering, organized scheme to defraud, intent to sell legend drugs and related offenses. The trial court consolidated the cases “in the interest of judicial economy” and because “the overarching schemes” were the same. The State argues that the Broward case charged conduct different from that committed in Dade County. Based on our review, the trial court’s consolidation and effective change of venue from Broward to Dade County constitutes a departure from the essential requirements of law resulting in irreparable harm. See § 910.03,. Fla. Stat. (2006); Fla. R.Crim. P. 3.151, 3.240.

Accordingly, the petition is granted and the underlying order quashed. We note that nothing in the rules precludes a double jeopardy challenge if respondents are subsequently tried in Broward County for charges identical to those in Miami-Dade.

STEVENSON, C.J., KLEIN and GROSS, JJ., concur.

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Cited By

  • State v. Adonis Losada, 89 So. 3d 1104 (Fla. 3d DCA 2012)
    …e the Palm Beach circuit court acted in excess of its jurisdiction, and the order issued is a departure from the essential requirements of law resulting in irreparable harm, we grant the petition, and quash the order under review. See State v. Luis, 949 So. 2d 277, 277 (Fla. 4th DCA 2007) (concluding that the State may seek certiorari review of non-final orders transferring venue and ordering consolidation); State v. Lozano, 616 So. 2d 73, 76 (Fla. 1st DCA 1993); Hudson v. Hofmann, 471 So. 2d 117, 118 (Fla. 2…
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