State v. Knight
This text of 952 So. 2d 1268 (State v. Knight) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE of Florida, Appellant,
v.
Pamela Lynn KNIGHT, Appellee.
District Court of Appeal of Florida, Second District.
Bill McCollum, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.
James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.
PER CURIAM.
An order granting a defendant's pretrial motion to suppress identification testimony is not appealable under Florida Rule of Appellate Procedure 9.140, but the order is reviewable by common-law certiorari. See State v. Arriagada, 518 So.2d 918 (Fla. 1988). See also State v. Wilson, 483 So.2d 23, 25 (Fla. 2d DCA 1985). We therefore treat the State's appeal of the order granting the motion to suppress as a petition for writ of certiorari. The petition is denied.
WHATLEY and DAVIS, JJ., and MASTERS, ELLEN S., Associate Judge, Concur.
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952 So. 2d 1268, 2007 WL 1064052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-knight-fladistctapp-2007.