STATE OF FLORIDA, APPELLANT,
v.
HOLLIS JONES, APPELLEE
STATE OF FLORIDA, APPELLANT,
HOLLIS JONES, APPELLEE
433 So. 2d 564
Florida District Court of Appeal, Fourth District (1983)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We treat this appeal as a petition for writ of certiorari. Fla.R.App.P. 9.140(c); State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977); contra, State v. G.P., 429 So. 2d 786 (Fla. 3d DCA 1983).
The trial court erroneously granted the motion to dismiss of Hollis Jones on the grounds of double jeopardy. We quash the appealed order and remand for further proceedings upon authority of Cuciak v. State, 394 So. 2d 500 (Fla. 4th DCA 1981), modified, 410 So. 2d 916 (1982); Wilkins v. State, 413 So. 2d 464 (Fla. 4th DCA 1982) and State v. Jones, 425 So. 2d 178 (Fla. 1st DCA 1983).
Certiorari granted.
DOWNEY, DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hollis Jones v. State, 477 So. 2d 566 (Fla. 1985)…McDonald, justice. We have for review State v. Jones, 433 So. 2d 564 (Fla. 4th DCA 1983). By expressly stating that the state’s unavailable appeal would be treated and allowed to be considered as a petition for writ of certiora-ri, the district court created conflict with State v. G.P., 429 So. 2d 786 (Fla. 3d DCA 19…
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Lafave v. State, 149 So. 3d 662 (Fla. 2014)…s; on this premise, he reserved judgment on the issue regarding the State’s right to seek a writ of certiorari. Id. at 1275 (Boyd, J., dissenting). That same year, in Jones, this Court reviewed the decision of the Fourth District in State v. Jones, 433 So. 2d 564 (Fla. 4th DCA 1983). In Jones, the trial court dismissed probation violation charges against Jones. 477 So. 2d at 566. The State appealed the trial court’s decision to the Fourth District, despite the lack of a statutory right to appeal this type of…
Authorities Cited
- Cuciak v. State, 410 So. 2d 916 (Fla. 1982)
- State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977)
- State v. G.P., 429 So. 2d 786 (Fla. 3d DCA 1983)
- State v. Jones, 425 So. 2d 178 (Fla. 1st DCA 1983)
- Cuciak v. State, 394 So. 2d 500 (Fla. 4th DCA 1981)
- Wilkins v. State, 413 So. 2d 464 (Fla. 4th DCA 1982)