STATE OF FLORIDA EX REL. JEFFREY ALLEN POPE, PETITIONER,
v.
HONORABLE JAMES E. JOANAS, CIRCUIT JUDGE, SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA, RESPONDENT
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A writ of prohibition will not lie to test the correctness of a trial court's ruling, but only to address jurisdiction or power to act.
Petitioner, charged with selling marijuana, sought a writ of prohibition to stop his criminal trial. He argued the State failed to disclose a material…
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Petitioner seeks a writ of prohibition restraining the respondent Circuit Judge from convening the trial of a criminal case wherein petitioner is charged with the felonious sale of marijuana.
The information was filed January 26, 1973. On April 9, 1973, petitioner filed his motion to dismiss the information charging him with selling marijuana.
The ground asserted for dismissal is that the State failed to provide the defense with the identity and location of a police undercover agent who participated in and was a witness to the sale. Citing State v. Jones, 247 So.2d 342 (Fla.App.1971), petitioner contends that the agent-informer is a material witness and the State’s failure to disclose requires dismissal.
Thus, asserting error in a preliminary stage of the criminal proceeding, petitioner now claims that as a result the trial court cannot proceed in bringing petitioner to trial and that a writ of prohibition will lie to restrain the exercise of jurisdiction or power by the respondent.
Petitioner misapprehends the office of an action in prohibition. The tenor of the petition is that an erroneous ruling— assuming but not deciding that the ruling complained of is erroneous — forms the basis for issuance of a writ of prohibition. However, no authority is cited in support of that thesis.
The cases are legion which hold that prohibition will not lie to test the correctness of a trial court ruling. It is an action which addresses itself to the lower court’s jurisdiction or power to act, not the correctness of its rulings. Our examination of Crandall Common Law Actions, Section 473, leads us to nothing indicating that prohibition is a proper device whereby an instanter appeal may be taken from an interlocutory order in a criminal case where such order does not reach the question of jurisdiction.
Denied.
SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State of Fla. ex rel. Gore Newspapers Co. & Margaret Ann Croxton v. The Honorable Robert W. Tyson, Jr., 313 So. 2d 777 (Fla. 4th DCA 1975)…s court can take jurisdiction of any order of any judge with which it disagrees and thereby overule it. The fact that a trial judge makes an erroneous order does not mean that he has acted in excess of his jurisdiction. State ex rel. Pope v. Joanas, 278 So. 2d 305 (1stDCA Fla.1973): “The cases are legion which hold that prohibition will not lie to test the correctness of a trial court ruling.” Id. at 306. State ex rel. O’Donnell v. Hall, 175 So. 2d 792 (2dDCA Fla.1965): “The Writ [of Prohibition] cannot be…
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State of Fla. ex rel. Carey English v. The Honorable Robert L. McCRARY, Jr., 328 So. 2d 257 (Fla. 1st DCA 1976)…of the court in that case and the authorities cited therein and are unable to agree that prohibition will lie in such a case. In his dissenting opinion, Judge Walden referred to a ruling of this court in State ex rel. Pope v. Joanas, Fla.App. (1st), 278 So. 2d 305 (1973), where this court stated as follows: “The cases are legion which hold that prohibition will not lie to test the correctness of a trial court ruling. It is an action which addresses itself to the lower court’s jurisdiction or power to act, no…
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State of Fla. ex rel. Jeffrey Allen Pope v. Honorable James E. Joanos, 283 So. 2d 564 (Fla. 1973)…Certiorari denied. 278 So. 2d 305. CARLTON, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 247 So. 2d 342 (Fla. 3d DCA 1971)