State v. Roberts

In this petition for writ of certiorari, the State of Florida (“the State”) seeks quashal of the trial court’s order denying the State’s motion to declare Michelle Rimondi (“Ms.Rimondi”) “unavailable” pursuant to section 90.804(l)(b), Florida Statutes (2013), and to admit her sworn former trial testimony during the resentencing proceeding of the defendant, Rickey Bernard Roberts a/k/a Less McCullers (“the defendant”). Because the trial court’s order departs from the essential requirements of law and will result in material injury that cannot be remedied on appeal, we grant the petition and…