Baker v. State, 87-2232
| Decision Date | 14 January 1988 |
| Docket Number | No. 87-2232,87-2232 |
| Citation | 518 So.2d 457,13 Fla. L. Weekly 179 |
| Parties | 13 Fla. L. Weekly 179 Sandra BAKER, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Mark E. NeJame of NeJame & Hyman, P.A., Orlando, for petitioner.
No Appearance for respondent.
This matter is before the court to have issued a writ of certiorari to the circuit court to review its opinion reversing a county court order dismissing a criminal information.
This court will not exercise certiorari jurisdiction to review an order denying a motion to dismiss or a circuit court opinion reversing an order granting a motion to dismiss, both of which amount to the same thing. An adequate remedy by appeal, if conviction ensues, is available. See Rule 9.140(b) and (c), Fla.R.App.P.; Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987); Combs v. State, 436 So.2d 93 (Fla.1983); State v. Soto, 444 So.2d 1151 (Fla. 5th DCA 1984).
Certiorari denied.
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Fieselman v. State
...petition. I. We consider first whether the decision of the circuit court is one properly reviewable by certiorari. In Baker v. State, 518 So.2d 457 (Fla. 5th DCA 1988), the Fifth District refused to exercise its certiorari jurisdiction to review a circuit court's reversal of a county court'......
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...driving while under the influence of an alcoholic beverage. The first issue is whether this court has jurisdiction. In Baker v. State, 518 So.2d 457 (Fla. 5th DCA 1988), the Fifth District, citing to rule 9.140(b) and (c), Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987), Combs v. ......
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Williams v. State, 89-322
...to grant the writ because to do so would expand too greatly the review to be afforded in criminal cases. As we said in Baker v. State, 518 So.2d 457 (Fla. 5th DCA 1988), there is no real need for a second-level appellate intrusion into a criminal case unless a conviction results. Otherwise,......