Baker v. State

Sandra BAKER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided January 14, 1988.

District Court of Appeal of Florida · decided 1988-01-14

Cited by 5 later decisions — most recently September 1990

5 state decisions

Key passage — most relied on by later courts

“an order denying a motion to dismiss or a circuit court opinion reversing an order granting a motion to dismiss, both ... amount to the same thing. An adequate remedy by appeal, if conviction ensues, is available.”

quoted by 1 later decision, including 566 So. 2d 768 - Fieselman v. State

Relies on 436 So. 2d 93 - Combs v. State · 509 So. 2d 1097 - Martin-Johnson, Inc. v. Savage · 444 So. 2d 1151 - State v. Soto

Good law ✅— No negative treatment on recordhow we know

Decided 1988-01-14

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¶1 *458 Mark E. NeJame of NeJame & Hyman, P.A., Orlando, for petitioner.

¶2No Appearance for respondent.

¶3DAUKSCH, Judge.

¶4This 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.

¶5This 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).

¶6Certiorari denied.

¶7UPCHURCH, C.J., and ORFINGER, J., concur.