FARNETH v. STATE

No. 2D06-2550.

945 So.2d 614 (2006)

Leonard FARNETH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

December 22, 2006.


Attorney(s) appearing for the Case

Donna P. Levine of Law Office of Donna P. Levine, West Palm Beach, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Respondent.


STRINGER, Judge.

In this second tier certiorari proceeding, Leonard Farneth contends that the circuit court, sitting in its appellate capacity, departed from the essential requirements of the law when it relied on its own factual findings to reverse the county court's ruling which prohibited the State from using certain evidence as a discovery sanction. We agree and therefore grant Farneth's petition.

In October 2003, Farneth was the subject of a traffic stop...

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