State v. Cecil, 86-2650
| Decision Date | 21 April 1987 |
| Docket Number | No. 86-2650,86-2650 |
| Citation | 508 So.2d 1249,12 Fla. L. Weekly 1086 |
| Parties | 12 Fla. L. Weekly 1086 The STATE of Florida, Appellant, v. Terry CECIL, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.
Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.
On Motion to Dismiss
The state appeals from a pretrial order precluding the testimony of a potential witness for the prosecution because of a discovery violation. Since the order is not one of those designated in Fla.R.App.P. 9.140(c)(1)(B), compare State v. Palmore, 495 So.2d 1170 (Fla.1986), it is not reviewable either by appeal or by treating this proceeding as a petition for writ of certiorari. McIntosh v. State, 496 So.2d 120 (Fla.1986); State v. Arriagada, 508 So.2d 1247 (Fla. 3d DCA 1987). We therefore grant the appellee-defendant's motion to dismiss for lack of jurisdiction. As in Arriagada, we certify that this case is in conflict with State v. Wilson, 483 So.2d 23 (Fla. 2d DCA 1985) and that it involves the following question of great public importance:
Whether the state is precluded from seeking common law certiorari review of nonappealable interlocutory orders in criminal cases.
Appeal dismissed.
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State v. Brea
...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. Brea was charged with trafficking in cocai......
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State v. Brea
...that such orders may likewise not be considered on certiorari, State v. Arriagada, 508 So.2d 1247 (Fla. 3d DCA 1987); State v. Cecil, 508 So.2d 1249 (Fla. 3d DCA 1987), we dismiss the appeal. We certify to the supreme court that this cause involves the same question of great public importan......
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State v. Cecil, 86-2650
...grounds and certified the question of our jurisdiction to entertain state-sought certiorari review of non-final orders. State v. Cecil, 508 So.2d 1249 (Fla. 3d DCA 1987). The Supreme Court quashed our dismissal on the authority of State v. Pettis, 520 So.2d 250 (Fla.1988), decided the same ......
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State v. Cecil
...Circuit, and N. Joseph Durant, Jr., Asst. Public Defender, Miami, for respondent. PER CURIAM. We have for review State v. Cecil, 508 So.2d 1249, 1250 (Fla. 3d DCA 1987), which certified the following Whether the state is precluded from seeking common law certiorari review of non-appealable ......