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McGahee v. State

District Court of Appeal of Florida, First District
Apr 18, 1974
293 So. 2d 98 (Fla. Dist. Ct. App. 1974)

Summary

holding that the State's apparent disregard of the discovery rules was not irreparable harm

Summary of this case from Magbanua v. State

Opinion

No. V-138.

April 18, 1974.

Appeal from the Duval County Circuit Court, R. Hudson Olliff, J.

Stallings Marr, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee.


MOTION TO DISMISS


This 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.

Appeal dismissed.

BOYER, Acting C.J., and McCORD and JOHNSON, JJ., concur.


Summaries of

McGahee v. State

District Court of Appeal of Florida, First District
Apr 18, 1974
293 So. 2d 98 (Fla. Dist. Ct. App. 1974)

holding that the State's apparent disregard of the discovery rules was not irreparable harm

Summary of this case from Magbanua v. State
Case details for

McGahee v. State

Case Details

Full title:ROBIN CURTIS McGAHEE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 18, 1974

Citations

293 So. 2d 98 (Fla. Dist. Ct. App. 1974)

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