State v. Hernandez

Full title: THE STATE OF FLORIDA, APPELLANT, v. ORLANDO HERNANDEZ, EDWARDO MATTHEWS…

Court: District Court of Appeal of Florida, Third District

Date published: Dec 24, 1986

498 So. 2d 507 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-267.

November 12, 1986. Rehearing Denied December 24, 1986.

Appeals of non-final orders from the Circuit Court of Dade County; Steven D. Robinson, Judge.

Jim Smith, Atty. Gen., and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Marti Rothenberg and N. Joseph Durant, Asst. Public Defenders, for appellees Matthews and Hernandez.

John Alan Norris, Miami, for appellee Walters.

Before BARKDULL and HUBBART and FERGUSON, JJ.

PER CURIAM.

Based on the controlling authority of State v. Mena, 471 So.2d 1297 (Fla. 3d DCA 1985), we reverse the orders under review, which dismissed the conspiracy informations below, and remand the cause to the trial court for further proceedings.

BARKDULL and HUBBART, JJ., concur.

FERGUSON, Judge (concurring).

While I agree that State v. Mena compels reversal, it is my opinion that Mena should be revisited.