THE STATE OF FLORIDA, PETITIONER,
v.
JACQUELINE HUGHES, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that an order suppressing an admission not related to the charged crime is not an appealable interlocutory order. The court denied the petition for common law certiorari.
The State attempted to appeal an interlocutory order suppressing a defendant's admission. The admission was not to the crime charged.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appealable Order cases and more on FLexlaw
By notice of appeal, the State attempts to review an interlocutory order in a criminal matter pursuant to § 924.-071(1), Fla.Stat., 1967, F.S.A.1
The order in question purports to relate to the suppression of an admission by the defendant. If in fact there was an admission, it was not to the crime charged and, therefore, we find the order to be not appealable. Under such circumstances, the State urges us to consider and review the order by considering its notice of appeal as a petition for common *66law certiorari [see: State v. Coyle, Fla. App.1966, 181 So.2d 671], which we have done.
Examining the transcript to determine if the trial court has departed from the essential requirements of the law in entering the order here under review, we fail to find that he has and decline to exercise our discretion in entertaining the petition. See: Brinson v. Tharin, 99 Fla. 696, 127 So. 313; Gay v. City of Gainesville, Fla.App.1966, 186 So.2d 41.
Petition for certiorari denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brinson v. Tharin, 99 Fla. 696 (Fla. 1930)
- State v. Coyle, 181 So. 2d 671 (Fla. 2d DCA 1966)
- Sharretts v. State, 186 So. 2d 41 (Fla. 3d DCA 1966)