THELMO JOHNSON, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Smith, 260 So. 2d 489 (Fla. 1972)
  …ADKINS, Justice. This is a direct appeal from the decision of the District Court of Appeal, First District (State v. Smith and Figgers, 254 So. 2d 402, which held that Fla.Stat. § 924.-07(8), F.S.A., authorizing appeals by the State from pretrial orders is unconstitutional on the ground that the jurisdiction of the District Court to entertain such interlocutory appeals may be granted only by rule…
• State v. Gaines, 770 So. 2d 1221 (Fla. 2000)
  …interlocutory appeals is clearly a declaration of legislative policy and no more. [*1225] Until and unless the Supreme Court of Florida adopts such a statute as its own ... the purported enactment is void. 260 So. 2d at 491 (quoting State v. Smith, 254 So. 2d 402, 404 (Fla. 1st DCA 1971)). Ten years later in R.J.B. v. State, 408 So. 2d 1048, 1050 (Fla.1982), we held another statute unconstitutional that we construed to authorize a juvenile to take an immediate appeal of an order waiving the juvenile court’s…
• State v. Diamond, 553 So. 2d 1185 (Fla. 1st DCA 1989)
  …e, treated the attempted appeal as a petition for a writ of common law certiora-ri. However, on the merits, this court declined to disturb the trial court’s order and, as the panel sought to do in the instant case, denied certiorari. State v. Smith, 254 So. 2d 402 (Fla. 1st DCA 1971).2 Subsequently, the Supreme Court, while agreeing with our Smith opinion to the extent of our acceptance of the interlocutory appeal as a petition for writ of certio-rari, disagreed with our decision to deny certiorari on the me…