Opinion
No. 70034.
January 21, 1988.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance — Third District — Case No. 85-1037.
Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.
Bennett H. Brummer, Public Defender, Eleventh Judicial Circuit, and Karen M. Gottlieb, Asst. Public Defender, Miami, for respondent.
We have for review State v. Arriagada, 508 So.2d 1247 (Fla. 3d DCA 1987), in which the state sought review of a pretrial order suppressing certain identification testimony. The district court found this type of pretrial order nonreviewable under Florida Rule of Appellate Procedure 9.140(c). The district court also found that certiorari was not available as a means for review. The court acknowledged direct conflict with State v. Wilson, 483 So.2d 23 (Fla. 2d DCA 1985), and certified the following as a question of great public importance.
Whether the holdings in Jones v. State, [ 477 So.2d 566 (Fla. 1985)]; State v. G.P., [ 476 So.2d 1272 (Fla. 1985)]; and State v. C.C., [ 476 So.2d 144 (Fla. 1985)], preclude the state from seeking common law certiorari review of non-appealable interlocutory orders in criminal cases.
We recently answered this question in the negative in State v. Pettis, 520 So.2d 250 (Fla. 1988). Accordingly, we quash Arriagada and remand to the district court for consideration consistent with Pettis.
It is so ordered.
McDONALD, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.