State v. Carroll., 69-784
| Decision Date | 20 April 1970 |
| Docket Number | No. 69-784,69-784 |
| Citation | 234 So.2d 415 |
| Parties | STATE of Florida, Appellant, v. Earl Jackson CARROLL, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from Criminal Court of Record, Dade County; Carling Stedman, Judge.
Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellant.
Manners & Amoon, Richard M. Gale, Miami, for appellee.
Before PEARSON, C.J., and HENDRY and SWANN, JJ.
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 appellee 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 ().
Reversed and remanded.
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Carroll v. State
...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 spee......
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State v. Carroll, 70-735
...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 co......