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State v. Soto

District Court of Appeal of Florida, Fifth District
Feb 9, 1984
444 So. 2d 1151 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1543.

February 9, 1984.

Appeal from the Circuit Court for Orange County, Michael F. Cycmanick, J.

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellant/cross-appellee.

Luis F. Gomez, Orlando, for appellee/cross-appellant.


ON MOTION TO DISMISS CROSS-APPEAL


The State appeals an order dismissing the information on the ground that it was not properly signed by an authorized person. The defendant cross-appeals that portion of the same order which refused to dismiss the information on the ground that it failed to properly charge an essential element of the crime. The State moves to dismiss the cross-appeal.

An order denying a motion to dismiss an information is not one of the orders which a defendant in a criminal case may appeal. See Fla.R.App.P. 9.140(b). Since that portion of the order complained about by defendant is not appealable on a direct appeal taken by a defendant, it is not appealable by cross-appeal in an appellate proceeding initiated by the State. See State v. Clark, 384 So.2d 687 (Fla. 4th DCA 1980); rev. denied, 392 So.2d 1372 (Fla. 1980). Defendant has an adequate remedy by an appeal from a final judgment, should one be entered against him.

The cross-appeal is DISMISSED.

DAUKSCH and COBB, JJ., concur.


Summaries of

State v. Soto

District Court of Appeal of Florida, Fifth District
Feb 9, 1984
444 So. 2d 1151 (Fla. Dist. Ct. App. 1984)
Case details for

State v. Soto

Case Details

Full title:STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE, v. WILLIAM SOTO…

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 9, 1984

Citations

444 So. 2d 1151 (Fla. Dist. Ct. App. 1984)

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