State v. Thayer

Full title: STATE OF FLORIDA, PETITIONER, v. GEORGE WILLIAM THAYER, RESPONDENT

Court: Supreme Court of Florida

Date published: Feb 25, 1988

13 Fla. L. Weekly 163 (Fla. 1988)

13 Fla. L. Weekly 163

520 So. 2d 572

Opinion

520 So.2d 571 (Fla. 1988) 13 Fla. L. Weekly 163 STATE of Florida, Petitioner, v. George William THAYER, Respondent. No. 68842. Supreme Court of Florida. February 25, 1988

       Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance.

       Robert A. Butterworth, Atty. Gen. and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for petitioner.

       Elton H. Schwarz, Public Defender and Jay Kirschner, Chief Asst. Public Defender, Fort Pierce, for respondent.

       PER CURIAM.

       We have for review State v. Thayer, 489 So.2d 782 (Fla. 4th DCA 1986), in which the Fourth District Court of Appeal certified the following question as one of great public importance:

DO THE HOLDINGS IN JONES v. STATE, 477 So.2d 566 (Fla.1985), STATE v. G.P., 476 So.2d 1272 (Fla.1985) AND STATE v. C.C., 476 So.2d 144 (FLA.1985) PRECLUDE THE STATE FROM SEEKING CERTIORARI REVIEW OF NON-APPEALABLE INTERLOCUTORY ORDERS IN A CRIMINAL CASE WHERE THE STATE HAS DEMONSTRATED A CLEAR DEPARTURE FROM THE ESSENTIAL REQUIREMENTS OF LAW?

       489 So.2d at 783. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

       We recently answered the question in the negative in State v. Pettis, 520 So.2d 250 (Fla.1988). Accordingly, we quash the decision below and remand for proceedings consistent with our decision in Pettis.

       It is so ordered.

       McDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.        NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.