STATE OF FLORIDA, APPELLANT,
v.
EARL JACKSON CARROLL, APPELLEE
The State appeals an order dismissing the information against the appellee. A single information was filed against Earl Jackson Carroll, the appellee here, and a co-defendant, Sy Chadroff. The trial court held that co-defendant Sy Chadroff was immune from prosecution and dismissed the information as to Chadroff. It thereupon dismissed the information as to ap-pellee Earl Jackson Carroll upon the ground that to allow the state to proceed to trial on an information charging both Carroll and Chadroff with conspiracy to solicit a bribe and soliciting a bribe after the dismissal of the information as to Chadroff would deprive defendant Carroll of due process of law under the federal and state constitutions.
Without passing upon the validity of the ground given by the trial court for the dismissal, we reverse the order appealed because the basis of the order is no longer factually applicable since this court has reversed the dismissal of the information as to defendant Sy Chadroff. See State v. Chadroff, Fla.App. 1970, 234 So.2d 412 (opinion filed this day).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carroll v. State, 251 So. 2d 866 (Fla. 1971)…ion was reduced to writing. The state filed a notice of appeal (September 22, 1969). [*869] During the seventh full term (April 20, 1970) the District Court of Appeal reversed the dismissal and its mandate was filed on May 8, 1970. State v. Carroll, 234 So. 2d 415 (Fla.App.3rd 1970). Trial was then set for July 6, 1970. Petitioner moved (May 22, 1970) for discharge, alleging violation of his right to speedy trial under Fla.Stat. § 915.01(2), F.S.A. During the eighth full term, the trial judge granted petitio…1 / 2
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State v. Carroll, 240 So. 2d 205 (Fla. 3d DCA 1970)…ter the date the defendant was first committed. On September 22, 1969, the state appealed from the written order of September 2, and this court reversed, thereby reinstating the information against the defendant. See State v. Carroll, Fla.App.1970, 234 So. 2d 415. Our mandate thereon was filed in the trial court on May 8, 1970, after which the case was set for trial in the criminal court of record on a stated date in the ensuing term of the court, which commenced on May 12, 1970. However, on May 22, 1970, p…
Authorities Cited
- State v. Sy Chadroff, 234 So. 2d 412 (Fla. 3d DCA 1970)