STATE v. MONTGOMERY

No. 84-1671.

467 So.2d 387 (1985)

The STATE of Florida, Petitioner, v. Henry MONTGOMERY, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 29, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for petitioner.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for respondent.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

We treat the state's petition as a petition for a writ of prohibition. The petitioner seeks a writ from this court prohibiting the trial court from enforcing an order which will compel a witness to testify and will grant him use and derivative use immunity over the state's objection. We grant the petition since enforcement of the order by the trial court would amount to an act in excess of the jurisdiction, power and authority given to the courts by...

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