STATE v. BREA

No. 86-3210.

525 So.2d 907 (1987)

The STATE of Florida, Appellant, v. Cesareo BREA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 11, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Charles M. Fahlbusch, Miami, for appellant.

Bennett H. Brummer, Public Defender and John H. Lipinski, Sp. Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.


SCHWARTZ, Chief Judge.

The state, purportedly invoking Florida Rule of Appellate Procedure 9.140(c)(1)(B), seeks appellate review of a pretrial order granting the defendant-appellee's motion to decline to admit an alleged co-conspirator's statements into evidence. The basis of the ruling below was that the co-conspirator, who was then a co-defendant, had been granted a directed verdict in his favor on the grounds of entrapment in an earlier trial, thus, it was reasoned...

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