Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE, v. WILLIAM SOTO, APPELLEE/CROSS-APPELLANT.

ON MOTION TO DISMISS CROSS-APPEAL

ORFINGER, Chief Judge.

The State appeals an order dismissing the information on the ground that it was not properly signed by an authorized person. The defendant cross-appeals that portion of the same order which refused to dismiss the information on the ground that it failed to properly charge an essential element of the crime. The State moves to dismiss the cross-appeal.

An order denying a motion to dismiss an information is not one of the orders which a defendant in a criminal case may appeal. See Fla.R.App.P. 9.140(b). Since that portion of the order complained about by defendant is not appealable on a direct appeal taken by a defendant, it is not appealable by cross-appeal in an appellate proceeding initiated by the State. See State v. Clark, 384 So.2d 687 (Fla. 4th DCA 1980); rev. denied, 392 So.2d 1372 (Fla. 1980). Defendant has an adequate remedy by an appeal from a final judgment, should one be entered against him.

The cross-appeal is DISMISSED.

DAUKSCH and COBB, JJ., concur.

Use AI to get other relevant cases.

Comments

STATE v. SOTO
(Feb 9, 1984)