State v. Arriagada
| Citation | 518 So.2d 918,13 Fla. L. Weekly 51 |
| Decision Date | 21 January 1988 |
| Docket Number | No. 70034,70034 |
| Parties | 13 Fla. L. Weekly 51 STATE of Florida, Petitioner, v. Arturo ARRIAGADA, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance--Third District--Case No. 85-1037.
Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.
Bennett H. Brummer, Public Defender, Eleventh Judicial Circuit, and Karen M. Gottlieb, Asst. Public Defender, Miami, for respondent.
We have for review State v. Arriagada, 508 So.2d 1247 (Fla. 3d DCA 1987), in which the state sought review of a pretrial order suppressing certain identification testimony. The district court found this type of pretrial order nonreviewable under Florida Rule of Appellate Procedure 9.140(c). The district court also found that certiorari was not available as a means for review. The court acknowledged direct conflict with State v. Wilson, 483 So.2d 23 (Fla. 2d DCA 1985), and certified the following as a question of great public importance.
Whether the holdings in Jones v. State, [477 So.2d 566 (Fla.1985) ]; State v. G.P., [476 So.2d 1272 (Fla.1985) ]; and State v. C.C., [476 So.2d 144 (Fla.1985) ], preclude the state from seeking common law certiorari review of nonappealable interlocutory orders in criminal cases.
We recently answered this question in the negative in State v. Pettis, 520 So.2d 250 (Fla.1988). Accordingly, we quash Arriagada and remand to the district court for consideration consistent with Pettis.
It is so ordered.
To continue reading
Request your trial
-
State v. Trottman
...as a "search or seizure." See State v. Arriagada, 508 So.2d 1247 (Fla. 3d DCA 1987), decision quashed on other grounds, 518 So.2d 918 (Fla.1988).2 Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).3 This case appears to have been decided below on the basis of the Fifth ......
-
State v. Brea
...certified the same question of great public importance framed in State v. Arriagada, 508 So.2d 1247 (Fla. 3d DCA 1987), quashed, 518 So.2d 918 (Fla.1988), and State v. Cecil, 508 So.2d 1249 (Fla. 3d DCA 1987), quashed, 518 So.2d 919 (Fla.1988). 1 We have jurisdiction. Art. V, § 3(b)(4), Fla......
-
State v. Keel, 89-42
...and grant review under our certiorari jurisdiction in accordance with State v. Pettis, 520 So.2d 250 (Fla.1988). See State v. Arriagada, 518 So.2d 918 (Fla.1988), affirming in part and quashing in part, State v. Arriagada, 508 So.2d 1247 (Fla. 3d DCA 1987). Upon consideration of the merits,......
-
State v. Knight, 2D06-1973.
...not appealable under Florida Rule of Appellate Procedure 9.140, but the order is reviewable by common-law certiorari. See State v. Arriagada, 518 So.2d 918 (Fla. 1988). See also State v. Wilson, 483 So.2d 23, 25 (Fla. 2d DCA 1985). We therefore treat the State's appeal of the order granting......