STATE v. HAYNES

No. 83-1255.

453 So.2d 926 (1984)

STATE of Florida, Petitioner, v. Jessie HAYNES, Respondent.

District Court of Appeal of Florida, Second District.

August 10, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Frank Lester Adams, III, Asst. Atty. Gen., Tampa, for petitioner.

Charles D. Waller of Waller & Hersch, Dade City, for respondent.


OTT, Judge.

The state appealed a pretrial order excluding hearsay statements of alleged co-conspirators. Such an order is not appealable under rule 9.140(c), Florida Rules of Appellate Procedure. We treat the notice of appeal as a petition for writ of certiorari and grant it.

Respondent was charged with first degree murder; he was not charged with the crime of conspiracy. Respondent's original trial ended in a mistrial. Thereafter, the state filed a motion...

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