Scott v. State

I concur in the majority decision to affirm the conviction. However, I do not agree with the new rule adopted by the majority that requires a criminal defendant to file a motion under rule 3.190(c), Florida Rules of Criminal Procedure, in order to preserve the issue whether the State failed to present sufficient proof to qualify the Office of Statewide Prosecution (OSP) to prosecute the case. As to that part of the opinion, I respectfully dissent.

The OSP derives its authority to prosecute cases from article IV of the Florida Constitution and section 16.56, Florida Statutes. The OSP will have…