Public-domain · open source
OpenJurist

293 So. 2d 98

McGahee v. State

District Court of Appeal of Florida · decided 1974-04-18

Cited by 1 later decisions — most recently October 1974

Relies on 269 So. 2d 664 - State ex rel. Shevin v. Pierce

Good law ✅— No negative treatment on recordhow we know

Decided 1974-04-18

View the full empirical analysis of this case →

¶1*99MOTION TO DISMISS

PER CURIAM:

¶2This is a motion by appellee to dismiss the interlocutory appeal taken from an order denying a motion to dismiss the information and an order denying a motion to suppress evidence. The motions were predicated upon the State’s failure to.comply with discovery under Rule 3.220, Rules of Criminal Procedure, 33 F.S.A. While we deplore the State’s apparent disregard of the discovery rule, an interlocutory appeal by the defendant is not countenanced by the Appellate Rules. State v. Pierce, Fla. 269 So.2d 664. Appellant’s argument in favor of our taking jurisdiction under common law certiorari is persuasive, but we are not constrained to do so in this instance. The question raised may, of course, be reviewed on appeal from judgment should there be a conviction.

¶3Appeal dismissed.

BOYER, Acting C. J., and McCORD and JOHNSON, JJ„ concur.
/293/so2d/98 · .json · Public domain