State v. Haynes

OTT, Judge.

The state appealed a pretrial order excluding hearsay statements of alleged co-conspirators. Such an order is not ap-pealable under rule 9.140(c), Florida Rules of Appellate Procedure. We treat the notice of appeal as a petition for writ of certiorari and grant it.

Respondent was charged with first degree murder; he was not charged with the crime of conspiracy. Respondent’s original trial ended in a mistrial. Thereafter, the state filed a motion in limine, seeking a pretrial ruling on the admissibility of hearsay statements made by alleged co-conspirators Pauline and Leroy Wilson.

In…