State v. Luis, Rodriguez, Mor, Hernandez, Perito, Just and Grillo
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 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 [October 4, 2006] PER CURIAM. 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 both cases, the defendants were charged with 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 record does not support the trial court s consolidation and effective change of venue from Broward to Dade County. See ยง 910.03, Fla. Stat.; 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. * * * 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. Charles J. Crist, Jr., Attorney General, Tallahassee, and Angel L. Fleming, Assistant Attorney General, Miami, for petitioner. Edward J. O Donnell, Miami, for respondent Carlos Luis. Jane W. Moscowitz of Moscowitz & Moscowitz, 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. Not final until disposition of timely filed motion for rehearing. 2
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