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State v. Kulesz

District Court of Appeal of Florida, Third District
Feb 6, 1990
557 So. 2d 107 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1085.

February 6, 1990.

A Petition for a Writ of Certiorari from the Circuit Court for Dade County; Ralph N. Person, Judge.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Arturo V. Hernandez, Sp. Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.


The petition for writ of certiorari is granted upon the authority of State v. Cecil, 533 So.2d 884 (Fla. 3d DCA 1988) and State v. Mesa, 395 So.2d 242 (Fla. 3d DCA 1981). Under the circumstances of the case, the exclusion of the officers as witnesses was tantamount to a dismissal.

Accordingly, certiorari is granted, the order under review is quashed, and the cause remanded.


Summaries of

State v. Kulesz

District Court of Appeal of Florida, Third District
Feb 6, 1990
557 So. 2d 107 (Fla. Dist. Ct. App. 1990)
Case details for

State v. Kulesz

Case Details

Full title:THE STATE OF FLORIDA, PETITIONER, v. RUTH KULESZ, RESPONDENT

Court:District Court of Appeal of Florida, Third District

Date published: Feb 6, 1990

Citations

557 So. 2d 107 (Fla. Dist. Ct. App. 1990)