State v. Knight

Full title: STATE of Florida, Appellant, v. Pamela Lynn KNIGHT, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 11, 2007

952 So. 2d 1268 (Fla. Dist. Ct. App. 2007)

Opinion

No. 2D06-1973.

April 11, 2007.

Appeal from the Circuit Court for Pasco County; Linda H. Babb, Judge.

Bill McCollum, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

PER CURIAM.

An order granting a defendant's pretrial motion to suppress identification testimony is not appealable under Florida Rule of Appellate Procedure 9.140, but the order is reviewable by common law certiorari. See State v. Arriagada, 518 So.2d 918 (Fla. 1988). See also State v. Wilson, 483 So.2d 23, 25 (Fla. 2d DCA 1985). We therefore treat the State's appeal of the order granting the motion to suppress as a petition for writ of certiorari. The petition is denied.

WHATLEY and DAVIS, JJ., and MASTERS, ELLEN S., Associate Judge, Concur.