Baker v. State

518 So. 2d 457 | Fla. Dist. Ct. App. | 1988

518 So. 2d 457 (1988)

Sandra BAKER, Petitioner,
v.
STATE of Florida, Respondent.

No. 87-2232.

District Court of Appeal of Florida, Fifth District.

January 14, 1988.

*458 Mark E. NeJame of NeJame & Hyman, P.A., Orlando, for petitioner.

No Appearance for respondent.

DAUKSCH, Judge.

This matter is before the court to have issued a writ of certiorari to the circuit court to review its opinion reversing a county court order dismissing a criminal information.

This court will not exercise certiorari jurisdiction to review an order denying a motion to dismiss or a circuit court opinion reversing an order granting a motion to dismiss, both of which amount to the same thing. An adequate remedy by appeal, if conviction ensues, is available. See Rule 9.140(b) and (c), Fla.R.App.P.; Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987); Combs v. State, 436 So. 2d 93 (Fla. 1983); State v. Soto, 444 So. 2d 1151 (Fla. 5th DCA 1984).

Certiorari denied.

UPCHURCH, C.J., and ORFINGER, J., concur.