State v. Nemeth

The state seeks certiorari review of a circuit court order entered in the ongoing criminal prosecution of respondent David Nemeth. We find that the order constitutes a departure from the essential requirements of law which materially affects the state’s ability to go forward with the prosecution. See State v. Pettis, 520 So.2d 250 (Fla.1988). Accordingly, we grant the petition.

Nemeth is charged with dealing in stolen property. The affidavit complaint alleges that on September 29, 1989, he sold seven boxes of aluminum panels belonging to the Racetrack Oil Company “under circumstances that…