State v. Domenech

Florida District Courts of Appeal
State v. Domenech, 533 So. 2d 896 (1988)
13 Fla. L. Weekly 2470; 1988 Fla. App. LEXIS 4892; 1988 WL 117617
Ferguson, Pearson, Schwartz

State v. Domenech

Opinion of the Court

PER CURIAM.

The subpoenas issued below at the behest of the defendants were directed to witnesses whose supposed testimony was affirmatively shown to bear no legal pertinence whatever to the issues in the case and thus could not be of any potential assistance in the legitimate defense of the pending charges. See Mazepa v. State, 439 So.2d 1029 (Fla. 3d DCA 1983); State v. Mesa, 395 So.2d 242 (Fla. 3d DCA 1981); Doe v. State, 262 So.2d 11 (Fla. 3d DCA 1972). The trial judge therefore erroneously refused to quash the subpoenas, see Kudos v. Vinskus, 483 So.2d 727, 731 (Fla. 4th DCA 1985), and the order to that effect is for that reason itself quashed.

CERTIORARI GRANTED.

Reference

Full Case Name
The STATE of Florida v. Luis A. DOMENECH, and Lorenzo Bergamo
Cited By
1 case
Status
Published