STATE v. PRESTON

No. 56496.

376 So.2d 3 (1979)

STATE of Florida, Appellant, v. Robert A. PRESTON, Appellee.

Supreme Court of Florida.

October 4, 1979.


Attorney(s) appearing for the Case

Alan B. Robinson, Asst. State's Atty., Sanford, for appellant.

Joan H. Bickerstaff, Asst. Public Defender, Cocoa Beach, Bennett Ford, Chief Asst. Public Defender, Titusville and Andrew A. Graham, Cocoa, for appellee.


ENGLAND, Chief Justice.

The present interlocutory appeal is before the Court on transfer from the fourth district court of appeal. Before that court Preston successfully argued that jurisdiction properly lies in this Court under article V, sections 3(b)(3) and (1) of the Florida Constitution, since he is charged with a first-degree murder for which, on final judgment, the death penalty might be imposed. Treating the appeal as a petition for certiorari under section...

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