State v. Carlos Luis, Javier Rodriguez, Eddie Mor, Adalberto Hernandez, Paul Perito, Nicholas Just and Jose A. Grillo
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2007
STATE OF FLORIDA,
Petitioner,
v.
CARLOS LUIS, JAVIER RODRIGUEZ, EDDIE MOR, ADALBERTO
HERNANDEZ, PAUL PERITO, NICHOLAS JUST and JOSE A. GRILLO,
Respondents.
No. 4D06-2072
[February 7, 2007]
ON MOTIONS FOR REHEARING
PER CURIAM.
We deny the motions for rehearing in this case, but withdraw our
opinion filed on October 4, 2006, and substitute the following in its
place.
We grant the State’s petition for writ of certiorari and quash the May
8, 2006 order of the Broward Circuit Court, consolidating the pending
criminal prosecution before it with ongoing proceedings in the Dade
Circuit Court and transferring the case to Miami-Dade County for further
proceedings. In the two cases, the charges included racketeering,
organized scheme to defraud, intent to sell legend drugs and related
offenses. The trial court consolidated the cases “in the interest of judicial
economy” and because “the overarching schemes” were the same. The
State argues that the Broward case charged conduct different from that
committed in Dade County. Based on our review, the trial court’s
consolidation and effective change of venue from Broward to Dade
County constitutes a departure from the essential requirements of law
resulting in irreparable harm. See § 910.03, Fla. Stat. (2006); Fla. R.
Crim. P. 3.151, 3.240.
Accordingly, the petition is granted and the underlying order quashed.
We note that nothing in the rules precludes a double jeopardy challenge
if respondents are subsequently tried in Broward County for charges
identical to those in Miami-Dade.
STEVENSON, C.J., KLEIN and GROSS, JJ., concur.
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Petition for writ of certiorari to the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; Eileen M. O’Connor, Judge; L.T. Case
No. 04-3008 CF10A, B, C, E, F, G, H.
Bill McCollum, Attorney General, Tallahassee, and Angel L. Fleming,
Assistant Attorney General, Miami, for petitioner.
Edward J. O’Donnell of O’Donnell & O’Donnell, Miami, for respondent
Carlos Luis.
Jane W. Moscowitz of Moscowitz & Moscowitz, P.A., Miami, for
respondents Dr. Paul Perito and Nicholas Just.
Lisa Walsh of Lisa S. Walsh P.A., Miami, and Frank Quintero, Jr., of
Frank Quintero, Jr., P.A., Coral Gables, for respondent Jose Grillo.
Bernard M. Cassidy of Bernard M. Cassidy, P.A., Fort Lauderdale, for
respondent Eddie Mor.
Joseph S. Rosenbaum of Joseph S. Rosenbaum, P.A., Miami, for
respondent Javier Rodriguez.
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